Canadian Proceeding definition

Canadian Proceeding means the insolvency proceeding of the Canadian Debtor, commenced in a court of proper jurisdiction in Province of Quebec, Canada on or about the Petition Date.
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Canadian Proceeding means a proceeding commenced by one or more Canadian Loan Parties pursuant to the CCAA or the BIA so long as the terms of any orders granted in such proceeding are in form and substance acceptable to the Administrative Agent and the FILO Agent, each acting reasonably, including, without limitation, the requirement that any such orders: (i) confirm that the Administrative Agent, the FILO Agent and the Lenders shall be unaffected by any compromise in such proceedings; (ii) approve court-ordered charges ranking in priority to the Liens securing the Obligations only to the extent such court-ordered charges are on terms and in amounts acceptable to the Administrative Agent and the FILO Agent in their sole discretion; (iii) provide that the Canadian Borrowers shall not be entitled to incur any further Borrowings or other extensions of credit hereunder following the commencement of such proceedings without the consent of the Administrative Agent and the FILO Agent; and (iv) approve cash management arrangements acceptable to the Administrative Agent and the FILO Agent in their sole discretion, including the application of any proceeds of any store closing sale or liquidation to the repayment of the Obligations subject only to such reserves for the expenses of such proceeding as are acceptable to the Administrative Agent and the FILO Agent ; provided that any non-plenary ancillary proceeding (that respects the foregoing conditions (i)-(iv)) commenced by one or more Canadian Loan Parties, including without limitation, the commencement of a proceeding under chapter 15 of the Bankruptcy Code, shall be considered a Canadian Proceeding.
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Canadian Proceeding means the ancillary proceeding filed by the Canadian Debtors, in Canada under Section 18.6 of the Canadian Companies’ Creditors Arrangement Act, R.S.C. 1985 c. C-36, as amended, in the Superior Court of Justice for Ontario, Canada.
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Examples of Canadian Proceeding in a sentence

  • On or prior to the Effective Date, the Debtors will seek the dismissal or termination of the Canadian Proceeding as to each of the Canadian Debtors.

  • For all purposes of this Agreement the term "rejection" of a contract shall include, without limitation, with respect to the Canadian Subsidiaries and/or the Canadian Proceeding, the disclaimer, termination or breach of such contract.

  • Plans of arrangement have been conditionally approved both in the Canadian Proceeding and the U.S. Proceeding.

  • Angiotech hereby undertakes and agrees that (i) it shall not repudiate, resiliate or disclaim this Agreement in any insolvency proceeding in the United States of America or Canada, including without limitation the Chapter 15 Cases and the Canadian Proceeding and (ii) shall perform its obligations under this Agreement despite any restructuring, recapitalization or reorganization of Angiotech.


More Definitions of Canadian Proceeding

Canadian Proceeding shall have the meaning ascribed to such term in the Recitals to this Agreement.
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Canadian Proceeding means the recognition proceedings commenced on or around the Petition Date under Part IV of the Companies Creditors Arrangement Act, R.S.C. 1985 c C-36, in the Canadian Court to, among other things, recognize the Chapter 11 Cases as “foreign main proceedings.”
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Canadian Proceeding means the Canadian Debtor’s liquidation proceeding under applicable Canadian law.
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Canadian Proceeding means the ancillary proceeding filed by the Canadian Debtors, in Canada under Section 18.6 of the Canadian Companies’ Creditors Arrangement Act, R.S.C. 1985 c. C-36, as amended.
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Canadian Proceeding means all proceedings before the Court in connection with the Arrangement;
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Canadian Proceeding means the insolvency proceeding of BCBG Max Azria Canada Inc.,the Canadian Debtor, commenced in a court of proper jurisdiction in Province of Quebec, Canada on or about the Petition Date.
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Related to Canadian Proceeding

  • Bankruptcy Proceeding means any case, action or proceeding before any court or other Governmental Authority relating to any Bankruptcy Event.

  • Insolvency Proceeding means any proceeding under Title 11 of the United States Code (11 U.S.C. Sec. 101 et seq.) or any other insolvency, liquidation, reorganization or other similar proceeding concerning the Mortgage Loan Borrower, any action for the dissolution of the Mortgage Loan Borrower, any proceeding (judicial or otherwise) concerning the application of the assets of the Mortgage Loan Borrower for the benefit of its creditors, the appointment of or any proceeding seeking the appointment of a trustee, receiver or other similar custodian for all or any substantial part of the assets of the Mortgage Loan Borrower or any other action concerning the adjustment of the debts of the Mortgage Loan Borrower, the cessation of business by the Mortgage Loan Borrower, except following a sale, transfer or other disposition of all or substantially all of the assets of the Mortgage Loan Borrower in a transaction permitted under the Mortgage Loan Documents; provided, however, that following any such permitted transaction affecting the title to the Mortgaged Property, the Mortgage Loan Borrower for purposes of this Agreement shall be defined to mean the successor owner of the Mortgaged Property from time to time as may be permitted pursuant to the Mortgage Loan Documents; provided, further, however, that for the purposes of this definition, in the event that more than one entity comprises the Mortgage Loan Borrower, the term “Mortgage Loan Borrower” shall refer to any such entity.

  • Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Insolvency or Liquidation Proceeding means, with respect to any Person, any liquidation, dissolution or winding up of such Person, or any bankruptcy, reorganization, insolvency, receivership or similar proceeding with respect to such Person, whether voluntary or involuntary.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Bankruptcy Proceedings has the meaning set forth in clause (b) of paragraph 9 hereof.

  • Insolvency Proceedings means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganisation or liquidation;

  • Child custody proceeding means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3 of this Article.

  • eligible proceeding means a legal proceeding or investigative action, whether current, threatened, pending or completed, in which a director, former director or alternate director of the Company (an “eligible party”) or any of the heirs and legal personal representatives of the eligible party, by reason of the eligible party being or having been a director or alternate director of the Company:

  • Proceeding means an action, claim, suit, investigation or proceeding (including, without limitation, an informal investigation or partial proceeding, such as a deposition), whether commenced or threatened.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.