Exculpated Parties definition

Exculpated Parties shall have the meaning set forth in Section 13.1 hereof.
Exculpated Parties means, collectively, and in each case in its capacity as such: (a) the Debtors;
Exculpated Parties means, collectively, and in each case in its capacity as such: (a) the Debtors; (b) the Committees and each of their respective members; and (c) with respect to each of the foregoing, such Entity and its current and former Affiliates, and such Entity’s and its current and former Affiliates’ current and former equity holders (regardless of whether such interests are held directly or indirectly), subsidiaries, officers, directors, managers, principals, members, employees, agents, advisory board members, financial advisors, partners, attorneys, accountants, investment bankers, consultants, representatives, and other professionals, each in their capacity as such.

Examples of Exculpated Parties in a sentence

The Exculpation Provision is narrowly tailored to protect the Exculpated Parties from inappropriate litigation based on their efforts in these chapter 11 cases and does not release any claim based on any act or omission that constitutes a criminal act, intentional fraud, willful misconduct, or gross negligence as determined by a Final Order.

The non-Debtor Exculpated Parties participated in these cases in reliance upon the protections afforded to them by the Exculpation Provision.

Therefore, the Exculpated Parties are properly given the benefit of the Exculpation Provision.

Although certain of the Exculpated Parties do not owe fiduciary duties to the Debtors, such parties acted in good faith before and throughout these cases and were integral participants in the plan process, essential to the success of these chapter 11 cases, and, in somecases, are de facto proponents of the Plan.


More Definitions of Exculpated Parties

Exculpated Parties shall have the meaning set forth in Section 18.1.1.
Exculpated Parties means, collectively, and in each case in its capacity as such:
Exculpated Parties means, collectively, each of the following in their respective capacities as such: (a) the Debtors; (b) the Reorganized Debtors; (c) each of the non-Debtor Affiliates that is a subsidiary of Perfumania; (d) the Lenders under the DIP Facility (e)6the Nussdorf Family; (f) NewHoldCo; (g) the Garcia Group; (h) any statutory committee appointed in these Chapter 11 Cases and the current and former members thereof, in their capacity as such; and (i) with respect to each of the foregoing Entities in clauses (a) through (h), such Entity's respective predecessors, successors and assigns, and current and former stockholders, members, limited partners, general partners, equity holders, Affiliates and its and their subsidiaries, principals, partners, managed funds, parents, equity holders, members, employees, agents, officers, directors, managers, trustees, professionals, representatives, advisors, attorneys, financial advisors, accountants, investment bankers, and consultants.
Exculpated Parties shall have the meaning set forth in Section 15.1(a) hereof.
Exculpated Parties means, collectively, each of the following, solely in its capacity as such: (i)(a) the Debtors; (b) the Reorganized Debtors; (c) with respect to each of the foregoing parties in clauses (i)(a) and (i)(b), each of such Entity’s current and former Affiliates; and (d) with respect to each of the foregoing parties in clauses (i)(a) through (i)(c), each of such party’s current and former directors, managers, officers, principals, members, managed accounts or funds, fund advisors, employees, equity Holders (regardless of whether such interests are held directly or indirectly), predecessors, successors, assigns, subsidiaries, agents, advisory board members, financial advisors, partners, attorneys, accountants, investment bankers, consultants, representatives, and other professionals; and (ii)(a) RESERVED; (b) the Consenting Noteholders; (c) [RESERVED]; (d) each Trustee, (e) the Consenting Shareholders; (f) BCEI; (g) with respect to each of the foregoing parties in clauses (ii)(a) through (ii)(f), each of such Entity’s current and former Affiliates; and (h) with respect to each of the foregoing parties in clauses (ii)(a) through (ii)(g), each of such party’s current and former directors, managers, officers, principals, members, managed accounts or funds, fund advisors, employees, equity Holders (regardless of whether such interests are held directly or indirectly), predecessors, successors, assigns, subsidiaries, agents, advisory board members, financial advisors, investment advisors, partners, attorneys, accountants, investment bankers, consultants, representatives, and other professionals.
Exculpated Parties has the meaning set forth in Section 12.2.