Is nur der "Nominierte" für die Haltedauer, also der verwaltet die bisher nicht in Anspruch genommenen CVA Endansprüche. Wie damit zu verfahren ist siehe unten: Jetzt kommt wieder so ein endlos langer Copy/paste Text aus den Dokumenten (1L-Agreement, S. 95): "Cancellation of unclaimed CVA final entitlements (a) For the purpose of this Clause 9.6: "CVA Holding Period Expiry Date" means 5.00 p.m. (London time) on the date falling one year after the Restructuring Effective Date save to the extent extended in accordance with the terms of the Holding Period Agreement and notified by the Parent to the Agent pursuant to paragraph (b) below. “Holding Period Agreement” means the SEAG Holding Period Agreement entered into or to be entered into between the Holding Period Nominee, the Parent, the Borrower, SEAG and Lucid Issuer Services Limited. "Holding Period Nominee" means Steenbok Stichting CVA, a foundation incorporated under the laws of the Netherlands, having its official seat in Amsterdam, the Netherlands, having its office at Herengracht 466, 1017 CA, Amsterdam, the Netherlands, and registered with the Dutch Trade Register under number 74672002. (b) The Parent shall notify the Agent within five Business Days in the event of any amendment, waiver and/or modification to the terms of the Holding Period Agreement. (c) The Parent shall ensure that the Agent is copied on all notices sent in accordance with the Holding Period Agreement. (d) On the CVA Holding Period Expiry Date, the Holding Period Nominee shall administer and/or disburse any of its Commitments in accordance with the terms of the Holding Period Agreement and the Parent shall notify the Agent of the occurance of the CVA Holding Period Expiry Date and of all such actions as are required to be taken by the Holding Period Nominee including any such action as is referred to in paragraphs (e) and (f) below (such notice to the Agent, a “Holding Period Notice”). (e) Upon the occurrence of the CVA Holding Period Expiry Date and following receipt by the Agent of a Holding Period Notice, if the Holding Period Notice confirms that the Holding Period Nominee is required to irrevocably and unconditionally waive its right to, and cancel, any or all of its Commitments in accordance with the terms of the Holding Period Agreement, the Agent shall promptly take any and all such action required to cancel the relevant Commitments (without further instruction to effect the cancellation), whereupon those Commitments (and a corresponding portion of the relevant Loan) shall be reduced to zero and deemed cancelled accordingly for the purposes of this Agreement and all other Finance Documents. (f) Upon the occurrence of the CVA Holding Period Expiry Date and following receipt by the Agent of a Holding Period Notice, if the Holding Period Notice confirms that the Holding Period Nominee is required to transfer its Commitments to the Borrower or an Affiliate of the Borrower, the Agent shall promptly take any and all such action required of the Agent under Clause 26 (Changes to the Lenders) to transfer the relevant Commitments to the Borrower (or the relevant Affiliate of the Borrower, as applicable) (without further instruction, whereupon those Commitments (and a corresponding portion of the relevant Loan) held by the Borrower (or the relevant Affiliate of the Borrower, as applicable) shall be irrevocably and unconditionally cancelled and reduced to zero for the purposes of this Agreement and all other Finance Documents. (g) For the avoidance of doubt, nothing in this Clause 9.7, Clause 26 (Changes to the Lenders), or this Agreement more generally shall limit or restrict the transfer of any Commitments to or by the Holding Period Nominee, in each case in accordance with the terms of the Holding Period Agreement."
Also er sammelt diese und gibt sie am Ende, wenn sich der Gläubiger nicht gemeldet hat, frei. Ich glaube die sollen gespendet werden. Hatten wir schon mal vor langer Zeit erwähnt. |