Creditor Default. An act or omission by a Holder of a Claim or an Interest in contravention of the provisions of this Prepackaged Plan shall be deemed an event of default under this Prepackaged Plan. Upon an event of default, the Reorganized Debtors or Post-Effective Date Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors or Post-Effective Date Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Prepackaged Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Prepackaged Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized Debtor or Post-Effective Date Debtor in an amount, including interest, to compensate the Reorganized Debtors or Post-Effective Date Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Prepackaged Plan. Dated: October 20, 2023 DEBTORS AKUMIN INC. ADVANCED DIAGNOSTIC GROUP, LLC ADVANCED DIAGNOSTIC RESOURCES, LLC AFFILIATED PET SYSTEMS, L.L.C. AFO IMAGING, INC. AKUMIN FL, LLC AKUMIN FLORIDA HOLDINGS, LLC AKUMIN HEALTH ILLINOIS, LLC AKUMIN HOLDINGS CORP. AKUMIN OPERATING CORP. ALLIANCE IMAGING NC, LLC ALLIANCE ONCOLOGY OF ARIZONA, LLC ALLIANCE RADIOSURGERY, LLC DECATUR HEALTH IMAGING, L.L.C. DIAGNOSTIC HEALTH CENTER OF ANCHORAGE, LLC GREATER BOSTON MRI LIMITED PARTNERSHIP GREATER BOSTON MRI SERVICES, LLC IMAGING CENTER OF WEST PALM BEACH, LLC INMED DIAGNOSTIC SERVICES OF MA, LLC LCM IMAGING, INC. MEDICAL DIAGNOSTICS, LLC MEDICAL OUTSOURCING SERVICES, LLC MID-AMERICAN IMAGING, INC. MONROE PET, LLC MUSC HEALTH CANCER CARE ORGANIZATION, LLC NEHE/WSIC II, LLC NEHE-MRI, LLC NEOSPINE BLOCKER CORP. NEW ENGLAND HEALTH ENTERPRISES BUSINESS TRUST NEW ENGLAND HEALTH IMAGING—HOULTON, LLC NEW ENGLAND MOLECULAR IMAGING LLC PET SCANS OF AMERICA CORP. PMI PARTNERS, LLC PREFERRED IMAGING AT CASA XXXXX PLAZA, LLC PREFERRED IMAGING AT THE MEDICAL CENTER, LLC PREFERRED IMAGING HEB, LLC PREFERRED IMAGING OF AUSTIN, LLC PREFERRED IMAGING OF CORINTH, LLC PREFERRED IMAGING OF XXXXXX, LLC PREFERRED IMAGING OF FORT WORTH, LLC PREFERRED IMAGING OF FRISCO, LLC PREFERRED IMAGING OF GARLAND, LLC PREFERRED IMAGING OF GRAPEVINE/C...
Creditor Default. The legal consequences of creditor default shall not come into effect if and as long as we are prevented from accepting the delivered goods by circumstances that, in spite of reasonable care, cannot be averted by us. Your right to performance is suspended for the duration of the afore-mentioned circumstances.
Creditor Default. An act or omission by a Holder of a Claim or an Interest in contravention of the provisions of this Plan shall be deemed an event of default under this Plan. Upon an event of default, the Reorganized Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized Debtors in an amount, including interest, to compensate the Reorganized Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Plan.
Creditor Default. An act or omission by a holder of a Claim or an Interest in contravention of the provisions of this Plan shall be deemed an event of default under this Plan. Upon an event of default, the Reorganized Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized debtor in an amount, including interest, to compensate the Reorganized Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Plan. Dated: February 26, 2018 SEADRILL LIMITED on behalf of itself and all other Debtors /s/ Xxxx Xxxxxx Chief Financial Officer Seadrill Management Limited Exhibit A List of Debtors # Debtor
Creditor Default. Debtor or ATS shall have received notice of default from any commercial lender having a loan or line of credit with a principal balance in excess of $1,000,000.
Creditor Default. Debtor or ATS shall have received notice of default, which default remains uncured for thirty (30) days following notice thereof, from any commercial lender having a loan or line of credit with a principal balance in excess of $1,000,000.
Creditor Default. An act or omission by a Holder of a Claim or an Interest (other than the Consenting Creditors or DIP Lenders) in contravention of the provisions of this Prepackaged Plan shall be deemed an event of default under this Prepackaged Plan. Upon an event of default, the Reorganized Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Prepackaged Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Prepackaged Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized Debtor in an amount, including interest, to compensate the Reorganized Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Prepackaged Plan. Dated: April 2, 2024 VIEW, INC. VIEW OPERATING CORPORATION IOTIUM, INC. /s/ Xxx Xxxxxxx Xx. Xxx Xxxxxxx, Director Authorized Signatory Exhibit A Restructuring Support Agreement EXHIBIT C Form of Joinder Agreement The undersigned (“Joinder Party”) hereby acknowledges that it has read and understands the Restructuring Support Agreement, dated as of April 2, 2024 (as amended, supplemented, amended and restated, or otherwise modified from time to time, the “Agreement”),1 by and among View, Inc. and its affiliates and subsidiaries bound thereto and the Consenting Creditors thereunder.
