Appointment as Representative. Pursuant to section 1123(b)(3) of the Bankruptcy Code, the Plan appointed the Litigation Trustee as the duly appointed representative of each of the Estates solely with respect to the Litigation Trust Assets and, as such, the Litigation Trustee is deemed to be acting in the capacity of a bankruptcy trustee, receiver, liquidator, conservator, rehabilitator, or creditors’ committee or any similar official who has been appointed to take control of, supervise, manage or liquidate the Debtors solely with respect to prosecution of the Litigation Trust Assets for the benefit of the Litigation Trust Beneficiaries. To the extent that any Preserved Causes of Action cannot be transferred to the Litigation Trust because of a restriction on transferability under applicable non-bankruptcy law that is not superseded or preempted by section 1123 of the Bankruptcy Code or any other provisions of the Bankruptcy Code, such Preserved Causes of Action shall be deemed to have been retained by the applicable Estate and the Litigation Trustee shall be deemed to have been designated as a representative of the applicable Estate pursuant to section 1123(b)(3)(B) of the Bankruptcy Code to enforce and pursue such Preserved Causes of Action on behalf of such Estate subject to the terms of this Litigation Trust Agreement, the Plan and the Confirmation Order. Notwithstanding the foregoing, all Litigation Trust Proceeds shall be paid over to the Litigation Trust and shall be applied in accordance with the Plan, this Litigation Trust Agreement and the Litigation Trust distribution schedule, attached hereto as Exhibit C (the “Litigation Trust Distribution Schedule”).
Appointment as Representative. Subject to the terms of this Agreement, Distributor appoints the Representative as its non- exclusive, independent agent in the Territory for the marketing and solicitation of orders from Customers in respect of Avaya OneCloud CCaaS Public ("Services") and the Representative hereby accepts such appointment and shall use its commercially reasonable efforts to carry out the Objective in a reasonable and diligent manner using due care and skill, in accordance with the provisions of this Agreement. As part of the Objective, Representative shall use its commercially reasonable efforts to contact prospective Customers and provide to them relevant information regarding the Services on the basis of the information and documents provided or approved by Distributor or Avaya; and, (ii) refer prospective Customers to the Distributor in order to execute sales agreements subject to approval by Avaya. Representative shall market the Services to prospective Customers accordance with this Agreement. All Customers shall enter into the Avaya Terms. In performing the Objective under this Agreement, except with respect to its appointment as an agent hereunder, Representative shall operate as an independent contractor and shall not be or hold itself out as or act as an employee, partner, principal, or joint venture of Avaya or Distributor, or collect or receive money from Customers on behalf Avaya. Except as specifically set forth herein, Representative shall in no way have the authority to bind or obligate Distributor or Avaya in any respect. Representative may not make additional representations and warranties on Distributor’s or Avaya’s behalf including with respect to the prices, rates, terms, availability and conditions of the Services. Nothing in this Agreement shall, or shall be deemed to, sell, transfer, license or assign any right, title or interest of any kind in or to the Services to Representative, which right, title and interest shall at all times be and remain owned solely by Avaya.
Appointment as Representative. Pursuant to section 1123(b)(3) of the Bankruptcy Code, the Litigation Trustee shall be the duly appointed representative of the estates for certain limited purposes, and, as such, to the extent provided herein, the Litigation Trustee succeeds to the rights and powers of a trustee in bankruptcy solely with respect to prosecution of the Assigned Actions for the benefit of the Beneficiaries. To the extent that any Assigned Actions cannot be transferred to the Litigation Trust because of a restriction on transferability under applicable non-bankruptcy law that is not superseded or preempted by section 1123 of the Bankruptcy Code or any other provision of the Bankruptcy Code, such Litigation Trust Assets shall be deemed to have been retained by the Reorganized Debtors (other than for tax purposes) and the Litigation Trustee shall be deemed to have been designated as a representative of the Debtors' estates to the extent provided herein pursuant to section 1123(b)(3)(B) of the Bankruptcy Code solely to enforce and pursue such Assigned Actions on behalf of the estates. Notwithstanding the foregoing, all net proceeds of the Litigation Trust Assets shall be distributed consistent with the provisions of the Plan and this Litigation Trust Agreement in accordance with the Distribution Schedule. For avoidance of doubt, any Assigned Action subject to this Section 2.7 shall be treated by the Parties for U.S. federal, state and local income tax purposes as a disposition of the Assigned Action by the Reorganized Debtor as described in Section 8.1 below.
Appointment as Representative. Pursuant to sections 1123(a)(5)(B) and 1123(b)(3) of the Bankruptcy Code, the Plan provides for the appointment of the Trustee as the duly appointed representative of the Debtor with respect to the Litigation Trust Assets and, as such, the Trustee succeeds to all of the rights and powers of a trustee in bankruptcy with respect to prosecution of the Litigation Trust Assets for the benefit of the Litigation Trust Beneficiaries in accordance with the terms of this Agreement, the Plan, and the Confirmation Order. THE LITIGATION TRUST INTERESTS
Appointment as Representative. Pursuant to section 1123(b)(3) of the Bankruptcy Code, the Creditor’s Committee, with the consent of the other Noteholder Plan Proponents, appointed the Litigation Trustee as the duly appointed representative of the estates, and, as such, the Litigation Trust.
Appointment as Representative. Pursuant to section 1123(b)(3) of the Bankruptcy Code, the Plan appointed the Liquidating Trustee as the duly appointed representative of each of the Estates, and, as such, the Liquidating Trustee succeeds to all of the rights and powers of a trustee in bankruptcy with respect to prosecution of the Liquidating Trust Assets for the ratable benefit of the Liquidating Trust Beneficiaries. To the extent that any Liquidating Trust Assets cannot be transferred to the Liquidating Trust because of a restriction on transferability under applicable non-bankruptcy law that is not superseded or preempted by section 1123 of the Bankruptcy Code or any other provision of the Bankruptcy Code, such Liquidating Trust Assets shall be deemed to have been retained by the applicable Reorganized Debtor, as appropriate, and the Liquidating Trustee shall be deemed to have been designated as a representative of the applicable Estate pursuant to section 1123(b)(3)(B) of the Bankruptcy Code to enforce and pursue such Liquidating Trust Assets on behalf of such Estate. Notwithstanding the foregoing, all net proceeds of the Liquidating Trust Assets shall be transferred to the Liquidating Trust Beneficiaries consistent with the provisions of the Plan and this Liquidating Trust Agreement.
Appointment as Representative. The Trust and the Trustee will each be a “representative” of the Estates under § 1123(b)(3)(B) of the Bankruptcy Code as provided in the Plan, and the Trustee will be the trustee of the Trust Assets for purposes of 31 U.S.C. § 3713(b) and 26 U.S.C. § 6012(b)(3), and, as such, the Trustee succeeds to all of the rights, powers and obligations of a trustee in bankruptcy with respect to collecting, maintaining, administering and liquidating the Trust Assets for the benefit of the Beneficiaries.
Appointment as Representative. Pursuant to Section 1123(b)(3) of the Bankruptcy Code, the Plan appointed the Liquidation Trustee as the duly appointed representative of the Debtors’ Estates, and, as such, the Liquidation Trustee succeeds to all of the rights and powers of a trustee in bankruptcy with respect to the prosecution, sale, transfer, or other disposition, as applicable, of the Trust Assets for the ratable benefit of the Liquidation Trust Beneficiaries. To the extent that any Trust Assets cannot be transferred to the Liquidation Trust because of a restriction on transferability under applicable non-bankruptcy law that is not superseded or preempted by Section 1123 of the Bankruptcy Code or any other provision of the Bankruptcy Code, such Trust Assets shall be deemed to have been retained by Reorganized ASARCO, and the Liquidation Trustee shall be deemed to have been designated as a representative of the Estates pursuant to Section 1123 (b)(3)(B) of the Bankruptcy Code to enforce, pursue, sale, transfer or otherwise dispose of, as applicable, such Trust Assets on behalf of the Estates.
Appointment as Representative. Pursuant to section 1123(b)(3) of the Bankruptcy Code, the Plan appointed the SCC Litigation Trustee as the duly appointed representative of the Debtors’ Estates, and, as such, the SCC Litigation Trustee succeeds to all of the rights and powers of a trustee in bankruptcy with respect to prosecution, sale, transfer, or other disposition, as applicable, of the SCC Litigation Trust Claims for the ratable benefit of the SCC Litigation Trust Beneficiaries. To the extent that any SCC Litigation Trust Claims cannot be transferred to the SCC Litigation Trust because of a restriction on transferability under DRAFT PROPOSED BY THE DEBTOR applicable non-bankruptcy law that is not superseded or preempted by section 1123 of the Bankruptcy Code or any other provision of the Bankruptcy Code, such SCC Litigation Trust Claims shall be deemed to have been retained by Reorganized ASARCO, and the SCC Litigation Trustee shall be deemed to have been designated as a representative of the Estates pursuant to section 1123 (b)(3)(B) of the Bankruptcy Code to enforce, pursue, sale, transfer, or otherwise dispose of, as applicable, such SCC Litigation Trust Claims on behalf of the Estates.
Appointment as Representative. Subject to and in accordance with the terms and conditions of this Agreement, IBSS hereby appoints Representative during the Term and within the Territory as:
