Transfer of Assets and Rights to the Litigation Trust Sample Clauses

Transfer of Assets and Rights to the Litigation Trust. (a) As of the Effective Date, and pursuant to and subject in all respects to the terms of the Confirmation Order in accordance with section 1141 of the Bankruptcy Code, the Debtors, in their respective capacities as debtors in possession on behalf of the Estates, have transferred, assigned, and delivered to the Litigation Trust, without recourse, all of their respective rights, title, and interests in and to the Preserved Causes of Action free and clear of Claims and Interests (other than Claims in the nature of setoff or recoupment), encumbrances or interests of any kind in such property of any other Person (including all Liens, Claims, encumbrances or interests of any creditors that were subordinated for purposes of distributions under the Plan). (b) On the Effective Date, the Parties shall enter into the LT Confidentiality and Common Interest Agreement providing for reasonable access to, at the Litigation Trust’s own expense, copies of the Debtors’ and Reorganized Debtorsrecords and information relating to the Litigation Trust Assets including, without limitation, electronic records or documents. (c) All of the proceeds received by the Litigation Trust from the pursuit of any Preserved Causes of Action (collectively, the “Litigation Trust Proceeds”) shall be added to the Litigation Trust Assets and held as a part thereof (and title thereto shall be vested in the Litigation Trust). (d) At any time and from time to time on and after the Effective Date, the Reorganized Debtors agree (i) at the reasonable request of the Litigation Trustee to execute and/or deliver any instruments, documents, books, and records (including those maintained in electronic format and original documents as may be needed), and (ii) to take, or cause to be taken, all such further actions as the Litigation Trustee may reasonably request, in each case in order to evidence or effectuate the transfer of the Preserved Causes of Action to the Litigation Trust.
Transfer of Assets and Rights to the Litigation Trust. Pursuant to the Plan and Section 8.2 of the Litigation Trust Agreement, as of the Effective Date the Debtors shall irrevocably and absolutely transfer, assign, convey and deliver to the Litigation Trustee all of their rights, title and interest in and to the Litigation Trust Assets free and clear of any lien, claim, encumbrance, or interest in such property of any other person or entity (except as provided herein) in trust to and for the benefit of the Litigation Trust Beneficiaries for the uses and purposes stated herein and in the Plan.
Transfer of Assets and Rights to the Litigation Trust. (a) As of the Effective Date, (i) FairPoint or Reorganized FairPoint, as applicable, hereby irrevocably transfers, assigns and delivers to the Litigation Trust all of its respective right, title and interest in and to the Litigation Trust Claims (as defined below), free and clear of any and all Liens, Claims (other than Claims in the nature of setoff or recoupment), encumbrances or interests of any kind in such property of any other Person. The Litigation Trustee agrees to accept and hold the Litigation Trust Claims in trust for the Litigation Trust Beneficiaries, subject to the terms of this Agreement. In no event shall any part of the Litigation Trust Claims (including Litigation Trust Proceeds (as defined below)) revert to or be distributed to FairPoint or Reorganized FairPoint except as provided in Section 8.17(c) of the Plan and as provided in Sections 1.3(a), 3.3, 6.2, and 13.1 herein. None of the foregoing transfers to the Litigation Trust shall constitute a merger or consolidation of the Estates or any of the respective Litigation Trust Claims, each of which shall retain its separateness following the transfer for all purposes relevant to the prosecution thereof.
Transfer of Assets and Rights to the Litigation Trust