Conforming Bankruptcy Proceeding definition

Conforming Bankruptcy Proceeding means a proceeding in United States Bankruptcy Court (a) instituted pursuant to a voluntary petition for reorganization filed by Guarantor under Chapter 11 (or an involuntary petition filed by any Person that is converted by Guarantor into a voluntary petition under Chapter 11 pursuant to Section 1(a)(iii)), and (b) in which Guarantor at all times during the pendency of such proceeding is pursuing confirmation of a Conforming Plan. -3- “Conforming Plan” shall mean a plan of reorganization of Guarantor containing each of the following elements, and that will result upon confirmation in: (a) The Guaranty remaining unimpaired; (b) Guarantor and its wholly owned subsidiaries continuing to own or operate not less than three hundred (300) assisted living residences; (c) On a pro forma basis, the ratio of Guarantor's Debt to Guarantor's Cash Flow not exceeding 12:1.0; and (d) Upon the confirmation and implementation of the such plan, at least seventy percent (70%) of the Guarantor's voting stock on a fully diluted basis being owned by (i) Persons who had, prior to filing of the bankruptcy petition instituting the Conforming Bankruptcy Proceeding, (A) an ownership or other interest in Guarantor's stock or debt (including debt of Guarantor's subsidiaries guaranteed by Guarantor) and (B) a joint venture ownership interest in Guarantor's assets or Guarantor's subsidiaries' assets, and (ii) Related Persons of Persons described in the foregoing clause (i), but excluding each such Person or Related Person who: (1) held less than a Material Investment in Guarantor on the Effective Date, and (2) subsequent to the Effective Date and prior to or contemporaneously with the confirmation and implementation of such plan increases their respective investment (on a cost basis) in the Guarantor by greater than ten percent (10%). “Filing Deadline” shall mean December 31, 2002. “Forbearance Period” shall mean the period commencing on the Effective Date and ending on the earlier to occur of (a) the date upon which a Forbearance Default occurs, or (b) the Filing Deadline. “Funding Date” shall mean the earlier to occur of (a) the date upon which Landlord receives the proceeds of the second tranche of the acquisition loan obtained by Landlord in connection with the acquisition of the Premises, or (b) the date that is forty-five (45) days after the Effective Date. “Guarantor's Cash Flow” shall mean, for any applicable fiscal quarter, the net income of Guarantor for such quarter, adjusted...
Conforming Bankruptcy Proceeding shall have the meaning given such term in the Lease.
Conforming Bankruptcy Proceeding means a proceeding in United States Bankruptcy Court (a) instituted pursuant to a voluntary petition for reorganization filed by Guarantor under Chapter 11 (or an involuntary petition filed by any Person that is converted by Guarantor into a voluntary petition under Chapter 11 pursuant to Section 1(a)(iii)), and (b) in which Guarantor at all times during the pendency of such proceeding is pursuing confirmation of a Conforming Plan.

Examples of Conforming Bankruptcy Proceeding in a sentence

  • Guarantor and Tenant covenant that during the pendency of any Conforming Bankruptcy Proceeding they shall continue to use commercially reasonable efforts to cause to be issued, during such Conforming Bankruptcy Proceeding or upon emergence therefrom, Letters of Credit, to the extent available on commercially reasonable terms, in accordance with Section 4.3 of the Lease.

  • On the date (the "Plan Effective Date") upon which a Conforming Plan becomes effective in accordance with a Conforming Bankruptcy Proceeding as contemplated by this Agreement, any Event of Default described in Sections 1(a)-(c) above existing as of the Plan Effective Date shall be deemed waived by Landlord and cured by Tenant, provided that no Forbearance Default has then occurred.

  • On the date (the “Plan Effective Date”) upon which a Conforming Plan becomes effective in accordance with a Conforming Bankruptcy Proceeding as contemplated by this Agreement, any Event of Default described in Section 1(a) above existing as of the Plan Effective Date shall be deemed waived by Landlord and cured by Tenant, provided that no Forbearance Default has then occurred.

  • Tenant covenants that during the pendency of any Conforming Bankruptcy Proceeding it shall continue to use commercially reasonable efforts to cause to be issued, during such Conforming Bankruptcy Proceeding or upon emergence therefrom, Letters of Credit, to the extent available on commercially reasonable terms, in accordance with Section 4.3 of the Lease.

  • For purposes hereof: “Bankruptcy Court" means the United Sates Bankruptcy Court for the District of Delaware or any other court having jurisdiction over the Conforming Bankruptcy Proceeding from time to time.

  • On the date (the “Plan Effective Date”) upon which a Conforming Plan becomes effective in accordance with a Conforming Bankruptcy Proceeding as contemplated by this Agreement, any Event of Default described in Sections 1(a)-(c) above existing as of the Plan Effective Date shall be deemed waived by Landlord and cured by Tenant, provided that no Forbearance Default has then occurred.


More Definitions of Conforming Bankruptcy Proceeding

Conforming Bankruptcy Proceeding means a proceeding in the Bankruptcy Court (i) instituted pursuant to a voluntary petition for reorganization filed by the Parent under Chapter 11 of the Bankruptcy Code (or an involuntary petition filed by any Person that is converted by the Parent into a voluntary petition under Chapter 11 of the Bankruptcy Code within 30 days after the filing of such involuntary petition) and (ii) in which the Parent at all times during the pendency of such proceeding pursues the confirmation of a Conforming Plan.
Conforming Bankruptcy Proceeding means a proceeding in United States Bankruptcy Court which is instituted pursuant to a voluntary petition for reorganization filed by Alterra under Chapter 11 (or an involuntary petition filed by any Person that is converted by Alterra within ten (10) days after such filing into a voluntary petition under Chapter 11) so long as Alterra is diligently pursuing confirmation of a Conforming Plan at all times during the pendency of such proceeding.

Related to Conforming Bankruptcy Proceeding

  • Bankruptcy Proceeding means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders.

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

  • Insolvency Proceeding means any proceeding commenced by or against any Person under any provision of the Bankruptcy Code or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement, or other similar relief.

  • Delinquency proceeding means a proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing or conserving the insurer, and a summary proceeding under section 507C.9 or 507C.10. “Formal delinquency proceeding” means any liquidation or rehabilitation proceeding.

  • Bankruptcy Event means, with respect to any Person:

  • Testacy proceeding means a proceeding to establish a will or determine intestacy.

  • Bankruptcy Party has the meaning assigned in Section 9.7.

  • 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;

  • 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.

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • Bankruptcy Action shall have the meaning assigned to such term in Section 4.5(a).

  • Bankruptcy Amount As of any date of determination prior to the first anniversary of the Cut-off Date, an amount equal to the excess, if any, of (A) $100,000 over (B) the aggregate amount of Bankruptcy Losses allocated solely to one or more specific Classes of Certificates in accordance with Section 4.05

  • foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation;

  • Voluntary Bankruptcy means, with respect to any Person, the inability of such Person generally to pay its debts as such debts become due, or an admission in writing by such Person of its inability to pay its debts generally or a general assignment by such Person for the benefit of creditors; the filing of any petition or answer by such Person seeking to adjudicate it a bankrupt or insolvent, or seeking for itself any liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of such Person or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking, consenting to, or acquiescing in the entry of an order for relief or the appointment of a receiver, trustee, custodian, or other similar official for such Person or for any substantial part of its property, or corporate action taken by such Person to authorize any of the actions set forth above. An "Involuntary Bankruptcy" means, with respect to any Person, without the consent or acquiescence of such Person, the entering of an order for relief or approving a petition for relief or reorganization or any other petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or other similar relief under any present or future bankruptcy, insolvency or similar statute, law, or regulation, or the filing of any such petition against such Person which petition shall not be dismissed within ninety (90) days, or, without the consent or acquiescence of such Person, the entering of an order appointing a trustee, custodian, receiver, or liquidator of such Person or of all or any substantial part of the property of such Person which order shall not be dismissed within sixty (60) days.

  • Excess Bankruptcy Loss Any Bankruptcy Loss, or portion thereof, which exceeds the then applicable Bankruptcy Amount.

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • Bankruptcy Loss With respect to any Mortgage Loan, a Deficient Valuation or Debt Service Reduction; provided, however, that a Bankruptcy Loss shall not be deemed a Bankruptcy Loss hereunder so long as the Master Servicer has notified the Trustee in writing that the Master Servicer is diligently pursuing any remedies that may exist in connection with the related Mortgage Loan and either (A) the related Mortgage Loan is not in default with regard to payments due thereunder or (B) delinquent payments of principal and interest under the related Mortgage Loan and any related escrow payments in respect of such Mortgage Loan are being advanced on a current basis by the Master Servicer, in either case without giving effect to any Debt Service Reduction or Deficient Valuation.

  • 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.

  • Lender Insolvency Event means that (i) a Lender or its Parent Company is insolvent, or is generally unable to pay its debts as they become due, or admits in writing its inability to pay its debts as they become due, or makes a general assignment for the benefit of its creditors, or (ii) such Lender or its Parent Company is the subject of a bankruptcy, insolvency, reorganization, liquidation or similar proceeding, or a receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such Lender or its Parent Company, or such Lender or its Parent Company has taken any action in furtherance of or indicating its consent to or acquiescence in any such proceeding or appointment.

  • 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.

  • Bankruptcy Order means any court order made in a proceeding pursuant to or within the meaning of any Bankruptcy Law, containing an adjudication of bankruptcy or insolvency, or providing for liquidation, winding-up, dissolution or reorganization, or appointing a Custodian of a debtor or of all or any substantial part of a debtor’s property, or providing for the staying, arrangement, adjustment or compromise of indebtedness or other relief of a debtor.

  • Bankruptcy Event of Default means any Event of Default under Section 8.01(f) of the Credit Agreement.

  • Chapter 11 means Chapter 11 of the Bankruptcy Code.

  • U.S. Bankruptcy Code means Title 11 of the United States Code, as amended, or any similar federal or state law for the relief of debtors.

  • Involuntary Bankruptcy has the meaning set forth in the definition of Bankruptcy.

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