Confirmation Request. 8 Control......................................................................75
Confirmation Request. To confirm whether, with respect to a Party's Affymax Discovered Compound or a GSK Discovered Compound, as applicable, the requirements set forth in Section 1.5(ii) (with respect to Affymax Discovered Compounds) and/or 1.22(iv) (with respect to GSK Discovered Compounds) (the "Requirements") are met, such Party (the "Requesting Party") may, at any time, request in writing (the "Request") a written statement from the other Party (the "Responding Party"), whether in the Responding Party's opinion the Requirements are met (the "Response"). The Request shall include all information reasonably necessary for the Responding Party for its Response and the Response shall include the reasons therefor and the facts (including the relevant Compound) on which it is based. If the Responding Party states in its Response that it is of the opinion that the Requirements are met, the Requirements shall be deemed met. If the Responding Party does not provide a Response within sixty (60) days from receipt of the Request, the Requesting Party may reiterate the Request. If the Responding Party does not provide a Response within fifteen (15) days from receipt of such reiterated Request, the Requirements shall be deemed met. If the Responding Party states in its Response that it is of the opinion that the Requirements are not met, the Parties shall enter into discussions in good faith to resolve the controversy.
Confirmation Request. 48 TABLE OF EXHIBITS Exhibit A – Operating Agreement for Reorganized American Apparel Exhibit B – New Directors of Reorganized American Apparel Exhibit C – List of Assumed Executory Contracts and Unexpired Leases Exhibit D – Litigation Trust Agreement Exhibit E – New Exit Financing Agreement Exhibit F – Equity Commitment Agreement Exhibit G – Form of Indemnification Agreement Exhibit H – List of Retained Causes of Action Exhibit I – List of Excluded Parties Exhibit J – Registration Rights Agreement INTRODUCTION American Apparel, Inc., American Apparel (USA), LLC, American Apparel Retail, Inc., American Apparel Dyeing & Finishing, Inc., KCL Knitting, LLC and Fresh Air Freight, Inc., as debtors and debtors in possession, propose this joint plan of reorganization for the resolution of Claims against and Interests in each of the Debtors pursuant to chapter 11 of the Bankruptcy Code. The Debtors are the proponents of the Plan within the meaning of section 1129 of the Bankruptcy Code. Reference is made to the Disclosure Statement, distributed contemporaneously herewith, for a discussion of the Debtors' assets, liabilities, history, business, results of operations, historical financial information, projections of future operations and for a summary of the Plan and the distributions to be made thereunder. Other agreements and documents supplementing the Plan are appended as Exhibits hereto and have been or will be Filed with the Bankruptcy Court. These supplemental agreements and documents are referenced in the Plan and the Disclosure Statement and will be available for review. ALL CREDITORS ENTITLED TO VOTE ON THE PLAN ARE ENCOURAGED TO READ THE DISCLOSURE STATEMENT IN ITS ENTIRETY BEFORE VOTING TO ACCEPT OR REJECT THE PLAN. SUBJECT TO CERTAIN RESTRICTIONS AND REQUIREMENTS SET FORTH IN SECTION 1127 OF THE BANKRUPTCY CODE, IN BANKRUPTCY RULE 3019 AND IN THE PLAN, THE DEBTORS RESERVE THE RIGHT TO ALTER, AMEND, MODIFY, REVOKE OR WITHDRAW THE PLAN PRIOR TO ITS SUBSTANTIAL CONSUMMATION. DEFINED TERMS, RULES OF INTERPRETATION AND COMPUTATION OF TIME Defined Terms Capitalized terms used in the Plan and not otherwise defined shall have the meanings set forth below. Any term that is not defined in this Plan, but that is used in the Bankruptcy Code or the Bankruptcy Rules, shall have the meaning given to that term in the Bankruptcy Code or the Bankruptcy Rules, as applicable.
Confirmation Request. The Committee hereby requests confirmation of the Plan pursuant to sections 1129(a) and (b) of the Bankruptcy Code. DATED: October 19, 2009 Respectfully submitted, OFFICIAL COMMITTEE OF EQUITY SECURITY HOLDERS OF TVIA, INC. By Its Chair CHAPTER 11 PLAN EXHIBIT A “Administrative Expense” means an expense incurred by the Debtor or the Trustee under the Bankruptcy Code for costs and expenses of administration allowed under the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred after the Petition Date of preserving the Estate and operating the business of the Debtor, (b) claims under Section 503(b)(9) for the value of goods received by the Debtor within 20 days before the Petition Date in which the goods have been sold to the Debtor in the ordinary course of the Debtor’s business (c) compensation for legal, financial advisory, accounting, and other services and reimbursement of expenses awarded or allowed under Bankruptcy Code §§ 330(a) or 331, and (d) the United States Trustee’s fees and charges assessed against Debtor’s Estate under 28 U.S.C. § 1930(a)(6).
Confirmation Request. The Committee hereby requests confirmation of the Plan pursuant to sections 1129(a) and (b) of the Bankruptcy Code. DATED: October 19, 2009 Respectfully submitted, OFFICIAL COMMITTEE OF EQUITY SECURITY HOLDERS OF TVIA, INC.. By /s/ Xxxxxxxx Xxx Its Chair CHAPTER 11 PLAN EXHIBIT A “Administrative Expense” means an expense incurred by the Debtor or the Trustee under the Bankruptcy Code for costs and expenses of administration allowed under the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred after the Petition Date of preserving the Estate and operating the business of the Debtor, (b) claims under Section 503(b)(9) for the value of goods received by the Debtor within 20 days before the Petition Date in which the goods have been sold to the Debtor in the ordinary course of the Debtor’s business (c) compensation for legal, financial advisory, accounting, and other services and reimbursement of expenses awarded or allowed under Bankruptcy Code §§ 330(a) or 331, and (d) the United States Trustee’s fees and charges assessed against Debtor’s Estate under 28 U.S.C. § 1930(a)(6).
