Examples of Creditors’ Committee Standing Motion in a sentence
Based in part upon the issues raised by the Creditors’ Committee Standing Motion, the Indenture Trustee and Secured Noteholders have submitted the Title Claim to First American pursuant to the terms of the Lender Title Policies.
Additionally, the Debtors determined that even if some value could be realized for non-Zochem general unsecured creditors by prosecution of either the causes of action set forth in the Creditors’ Committee Standing Motion or the Creditors’ Committee D&O Claims, any such value would be (a) highly speculative, (b) subject to litigation risk, and (c) difficult and time consuming to unlock.
Pursuant to the Settlement Agreement, the Parties agree to fully and finally resolve the disputes raised in connection with the Chapter 11 Cases, the N.C. Lender Policy, the Deed of Trust, the Creditors’ Committee Standing Motion, the Creditors’ Committee DS Objection and/or the Title Claim, subject to the terms and conditions set forth in the Settlement Agreement (which includes releases and cancelations of title policies as set forth below in moredetail).
Members of the Committee shall be appointed by the Board on the recommendation of the Nominating and Governance Committee and may be removed by the Board at any time.
The FERC's position to date, along with at least one known blending case (Colonial Pipeline) where the division of blending profits was shared between carrier, blender and shippers is analogous to the 2019 Settlement Agreement.
On May 27, 2016, the Creditors’ Committee filed its objection to the Original Disclosure Statement [Docket No. 872] (the “ Creditors’ Committee DS Objection”), whichobjection, among other things, repeated the allegations related to the Deed of Trust set forth in the Creditors’ Committee Standing Motion.
As set forth in the Confirmation Brief, the Debtors undertook an independent investigation of the claims or causes of action asserted by the Creditors’ Committee, including pursuant to the Creditors’ Committee Standing Motion and the Creditors’ Committee D&O Claims, which are settled and resolved pursuant to the Global Settlement.
As noted above, the Settlement Agreement provides a mechanism for the direct contribution of $3 million which, pursuant to the Second Amended Plan, shall be included in the settlement fund directly benefiting the general unsecured creditors in these cases to resolve outstanding issues with the Creditors’ Committee, including those set forth in the Creditors’ Committee Standing Motion.
Following negotiations, the Parties reached a resolution of all matters associated with the Chapter 11 Cases, including the Creditors’ Committee Standing Motion, conditioned, in part, on the Settlement Agreement.
As described above, the Settlement Agreement avoids the costs and delay that would be required to litigate all issues between the Parties as well as litigation with the Creditors’ Committee regarding the Second Amended Plan and the Creditors’ Committee Standing Motion.