Desired 365 Contracts definition

Desired 365 Contracts has the meaning set forth in Section 2.05(a).
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Desired 365 Contracts is defined in Section 5.04(a).
Sample 1

Examples of Desired 365 Contracts in a sentence

  • Upon Closing, subject to the terms and conditions hereof, the Selling Entities will assign the Desired 365 Contracts to Buyer, and Buyer will assume all Assumed Liabilities pursuant thereto as provided in Section 2.03(a).

  • Schedule 5.02(b) and the definition of Desired 365 Contracts shall be deemed automatically amended to reflect changes made pursuant to this Section 5.02(e).

  • Any 365 Contracts that are not Desired 365 Contracts shall be an Excluded Asset for all purposes hereof.

  • Notice of Filing of Revised Schedule 5.03 - Desired 365 Contracts to Asset Purchase Agreement with Fostre, Inc.

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  • Consistent with section 1123(b)(2) of the Bankruptcy Code, the Plan provides for the assumption and assignment of certain Executory Contracts and Unexpired Leases to White Oak, referred to as the Desired 365 Contracts, as set forth in the Contribution Agreement and Article V.A. of the Plan.

  • Sellers shall have no liability for Cure Costs with respect to the Desired 365 Contracts.

  • Notwithstanding anything in this Agreement to the contrary, Sellers shall not reject any 365 Contracts without the prior written consent of Buyer in its sole discretion; provided that, after the Designation Deadline, Sellers may reject 365 Contracts (other than Desired 365 Contracts) without the consent of Buyer so long as such 365 Contracts were identified to Buyer in writing prior to the Designation Deadline.

  • Any objection to the Debtors’ assumption and assignment of any Desired 365 Contracts (each, an “ Assignment Objection”), must: (i) be made in writing and filed with the Court on or before the General Objection Deadline, (ii) state with specificity the basis of such objection, (iii) comply with the Bankruptcy Code, Bankruptcy Rules and the Local Bankruptcy Rules, and (iv) be served on the Notice Parties (as defined in the Bidding Procedures).

  • The Plan further provides that all Executory Contracts and Unexpired Leases shall be rejected as of the Effective Date, other than (i) the Desired 365 Contracts, (ii) the Restructuring Support Agreement, (iii) the Contribution Agreement, (iv) any contract, instrument, release, indenture, or other agreement or document entered into in connection withthis Plan, or (v) any Executory Contract or Unexpired Lease that is subject to a pending motion to assume or assume and assign.

Related to Desired 365 Contracts

  • Customer Contracts means any Contracts pursuant to which the Company has provided or will provide products or services in connection with the Business.

  • CFD Contract or "CFD" shall mean a contract which is a contract for difference by reference to fluctuations in the price of the relevant security or index;

  • Executory Contracts means executory contracts and unexpired leases as such terms are used in 11 U.S.C. § 365, including all operating leases, capital leases, and contracts to which the Debtor is a party or beneficiary on the Confirmation Date.

  • Scheduled Contracts has the meaning set forth in Section 4.16.

  • Assumed Contracts has the meaning set forth in Section 2.1(d).

  • Business Contracts has the meaning ascribed to it in Section 1.01(a)(v).

  • Prepaid contract means any Contract that has terminated or been prepaid in full prior to its scheduled expiration date (including because of a Casualty Loss), other than a Defaulted Contract.

  • Acquired Contracts has the meaning given in Section 2.1(a).

  • Project Contracts means collectively this Agreement, the Land Lease Agreement, the Construction Contract, O&M Contracts (if any) and any other material contract (other than the Financing Documents) entered into or may hereafter be entered into by the Concessionaire in connection with the Project;

  • Supply Contracts means contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A supply contract may include, as an incidental matter, siting and installation operations;

  • Assigned Contracts has the meaning set forth in Section 2.01(c).

  • New Contracts means binding new agreements or amendments to existing agreements with customers.

  • Construction Contracts means the contracts between Lessee and Contractors for the furnishing of labor, services or materials to the Leased Premises in connection with the construction of the Improvements.

  • Seller Contracts means all contracts, agreements and leases, other than those that are Governmental Permits, to which Seller is a party and pertain to the ownership, operation or maintenance of the Assets or the Business, including those described on Schedule 1.8.

  • Service Contracts means contracts or agreements, such as maintenance, supply, service or utility contracts.

  • Assumed Contract means any Executory Contract or Unexpired Lease assumed by the Reorganized Debtors in accordance with Article V of the Plan.

  • Proposed Contract means the agreement including any other terms and conditions contained in or referred to in this RFP that may be executed between the DBSA and the successful Bidder.

  • Assigned Contract has the meaning set forth in Section 2.2.

  • Specified Contracts has the meaning set forth in Section 4.13(a).

  • Schedule of Assumed Executory Contracts and Unexpired Leases means the schedule of certain Executory Contracts and Unexpired Leases to be assumed (or assumed and assigned) by the Debtors pursuant to the Plan, as the same may be amended, modified, or supplemented from time to time by the Debtors.

  • Applicable Contracts has the meaning set forth in Section 2.15(a).

  • Schedule of Rejected Executory Contracts and Unexpired Leases means the schedule (including any amendments or modifications thereto), if any, of the Executory Contracts and Unexpired Leases to be rejected by the Debtors pursuant to the Plan, as set forth in the Plan Supplement, as amended by the Debtors from time to time in accordance with the Plan, which shall be in form and substance acceptable to the Debtors.

  • Initial Contracts means those Contracts conveyed to the Trust on the Closing Date.

  • Executory Contract means a contract to which one or more of the Debtors is a party that is subject to assumption or rejection under sections 365 or 1123 of the Bankruptcy Code.

  • works contract means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract;

  • Seller Contract any Contract (a) under which Seller has or may acquire any rights or benefits; (b) under which Seller has or may become subject to any obligation or liability; or (c) by which Seller or any of the assets owned or used by Seller is or may become bound.