The Debtor. The Debtor hereunder, in terms of this Agreement, refers to Beijing Secoo Trading Limited, KUTIANXIA (BEIJING) INFORMATION TECHNOLOGY CO., LTD. and Shanghai Secoo E-commerce Limited.
The Debtor. 16 Branders Street Nelspruit, 1200 Facsimile (013)-755-2618 Attention: The Managing Director
The Debtor. (i) makes a proposal or files an assignment for the benefit of creditors under the Bankruptcy and Insolvency Act (Canada) or similar legislation in Canada or any other jurisdiction; (ii) a petition in bankruptcy is filed against the Debtor; (iii) steps are taken under any legislation by or against the Debtor seeking its liquidation, winding-up, dissolution or reorganization or any arrangement or composition of its debts; or (iv) proceedings are instituted to petition the Debtor into bankruptcy under the Bankruptcy and Insolvency Act (Canada) or similar legislation in Canada or any other jurisdiction which remain undischarged on the 60th day after they are instituted;
The Debtor. (a) agrees to comply with all acts, rules, regulations and orders of any legislative, administrative or judicial body or official, which the failure to comply with would have a material and adverse impact on the Collateral, or any material part thereof, or on the business or operations of the Debtor, provided that the Debtor may contest any acts, rules, regulations, orders and directions of such bodies or officials in any reasonable manner which will not, in CIT's reasonable opinion, materially and adversely effect CIT's rights or priority in the Collateral; (b) agrees to comply with all environmental statutes, acts, rules, regulations or orders as presently existing or as adopted or amended in the future, applicable to the Collateral, the ownership and/or use of its real property and operation of its business, which the failure to comply with would have a material and adverse impact on the Collateral, or any material part thereof, or on the operation of the business of the Debtor; and (c) shall not be deemed to have breached any provision of this Paragraph 7.7 if (i) the failure to comply with the requirements of this Paragraph 7.7 resulted from good faith error or innocent omission, (ii) the Debtor promptly commences and diligently pursues a cure of such breach, and (iii) such failure is cured within thirty (30) days following the Debtor's receipt of notice of such failure, or if such cannot in good faith be cured within thirty (30) days, then such breach is cured within a reasonable time frame based upon the extent and nature of the breach and the necessary remediation, and in conformity with any applicable consent order, consensual agreement and applicable law.
The Debtor. In the event that a Chapter 11 case is commenced to seek confirmation of the Plan, Ener1 will be the sole debtor in the case. The discussion of the Debtor’s business in this Disclosure Statement refers to, and incorporates, the operations of those subsidiaries on a collective basis. The Debtor is a holding company that is incorporated in Florida and headquartered in New York City. The Debtor was formed in 1985 and was then known as Boca Research Corp. 8 The Debtor pursues multiple alternative energy applications through several foreign and domestic subsidiaries and a joint venture. If the Plan is confirmed, it is not contemplated that there will be a need for any of these subsidiaries to commence a bankruptcy case. The stock of Ener1 is publicly held and until October 28, 2011, was traded on NASDAQ. The primary debt obligations of Ener1 are the following: