- 8 - 55 basis points, before the fifth interest payment date, and LIBOR minus 35 basis points thereafter. The AIG notes were neither listed nor traded on an established financial market. Paragraph 11(b) of the “further provisions” of each note provided, in part, as follows: (i) * * * upon the affirmative vote * * *, of the holders of not less than 50 percent in aggregate principal amount of the Notes then Outstanding * * * or * * * with the written consent of the owners of not less than 50 percent in aggregate principal amount of the Notes then Outstanding * * * the Issuer and the Guarantor may modify, amend or supplement the terms of the Notes, in any way * * * provided, however, that no such action may, without the affirmative vote of holders of 100 percent in aggregate principal amount Outstanding of the Notes, * * * change the due date for the payment of principal or interest on the Notes * * * . As of October 30, 2000, MP assigned to CB&T a security interest in two of the AIG notes, in the principal amounts of $2.6 million and $800,000, as collateral for its $3.4 million loan from CB&T. Pursuant to the terms of the assignment, MP deposited with CB&T all of its right, title, and interest in the assigned AIG notes and all payments under those notes.2 On December 26, 2000, Countryside distributed its 99-percent interest in CLPP to Mr. Winn and Mr. Curtis in complete liquidation of their respective partnership interests in Countryside (the liquidating distribution). As a result of the liquidating distribution, CLP Holdings, Inc., became a 16.7- 2 See app. A for a diagram of the statement of facts to this point.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008