Liquidating Assets definition

Liquidating Assets means the assets of Borrower listed on the attached Schedule 1.1, as in effect on the Closing Date.

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Liquidating Assets means all assets of each of the Debtors other than the Reorganized Fairfield Assets, including, but not limited to, all Causes of Action, including all Avoidance Actions.

Liquidating Assets means all of O'Brien's right, title and interest in and to (i) all of the outstanding common stock of Philadelphia Cogen and any management contracts relating to the Philadelphia Water Department Project to which O'Brien or any Affiliate thereof (other than Philadelphia Cogen) is a party; (ii) all of the equity interest in Philadelphia Biogas Supply, Inc., O'Brien Energy Services, Inc., Puma Power Plant, Ltd. and American Hydrotherm Corp.; and (iii) the Equipment Held for Sale.

Examples of Liquidating Assets in a sentence

• For purposes of notice, the address of the parties shall be: Guarantor: DC Liquidating Assets Holdco LLC c/o Dividend Capital ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Senior Vice President With a copy to: DC Liquidating Assets Holdco LLC c/o Dividend Capital ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇.

• Notwithstanding the foregoing, if prior to the date on which the Company disposes of Liquidating Assets associated with the Bridgeton, New Jersey facility, the Company has paid the outstanding property taxes, interest and penalties as contemplated pursuant to Section 7.18 hereof, the Company shall be entitled to reduce the proceeds payable to the Bank upon the sale of such Liquidating Assets by the amount of such property taxes so paid by the Company.

• Subject to any restrictions set forth in any agreements to which any of the Subsidiaries are party, all money required to operate the Liquidating Assets shall be obtained from the net proceeds realized from the sale of Liquidating Assets and distributions to the Company in respect of the capital stock of any Subsidiary.

• If Wexford falls to continue to perform such duties, it shall be liable to the Company for liquidated damages calculated as Asset Liquidation Fee of the Net Sales Price set forth on Exhibit 3.1 hereto with respect to those Liquidating Assets with respect to which Wexford shall have filed to perform such Management Duties.

• Wexford and the Company desire to enter into an arrangement under which Wexford will manage the liquidation of the Liquidating Assets (as defined below) and provide related management services to the Company, upon the terms and conditions hereinafter set forth.

More Definitions of Liquidating Assets

Liquidating Assets shall have the meaning assigned thereto in the Liquidating Asset Management Agreement which definition shall be incorporated herein by this reference. "Liquidating Asset Management Agreement" means that certain Liquidating Asset Management Agreement dated the date hereof by and between the Company and Wexford Management Corp., a Delaware corporation and as provided for by the NRG Plan. "Loan" shall have the meaning set forth in Section 2.01. "Loan Refinancing" shall mean Indebtedness that is incurred to enable the Company to prepay the Loan in whole or in part. "Maturity Date" shall have the meaning assigned thereto in Section 2.04. "Multiemployer Plan" means a Plan which is a multiemployer plan as defined in Section 4001(a)(3) of ERISA. "Net Available Cash" from an Asset Disposition means cash payments received (including any cash payments received by way of deferred payment of principal pursuant to a note or installment receivable or otherwise, but only as and when received, but excluding any other consideration received in the form of assumption by the acquiring person of Indebtedness or other obligations relating to the properties or assets that are the subject of such Asset Disposition or received in any other noncash form) therefrom, in each case net of (i) all legal, title and recording tax expenses, commissions and other fees and expenses incurred, and all Federal, state, provincial, foreign and local taxes required to be paid or 13

Liquidating Assets means all of the Company's right, title and interest in and to (i) all of the outstanding common stock of Philadelphia Cogen and any management contracts relating to the Philadelphia Water Department Project to which the Company or any Affiliate thereto (other than Philadelphia Cogen) is a party; (ii) all of the equity interest in Philadelphia Biogas Supply, Inc., O'Brien Energy Services, Puma Power Plant, Ltd. and American Hydrotherm Corp.; and (iii) the Equipment Held for Sale.

Liquidating Assets means the assets of Fairfield, including without limitation its equity interests in the First Tier Subsidiaries, and their respective assets, excluding the Reorganized Fairfield Assets, and including, but not limited to, all Causes of Action, including all Avoidance Actions, the Tax Election Claim and the contracts listed on the Assumed Contracts Schedule and any other assets acquired by the FFR Trust after the Effective Date or pursuant to this Plan.

Liquidating Assets means the assets of Fairfield, including without limitation its equity interests in the First Tier Subsidiaries, and their respective assets, excluding the Reorganized Fairfield Assets, and including, but not limited to, all Causes of

Liquidating Assets shall have the meaning assigned thereto in the Liquidating Asset Management Agreement which definition shall be incorporated herein by this reference.

Liquidating Assets means all of the Company's right, title and interest in and to (i) all of the outstanding common stock of Philadelphia Cogen and any management contracts relating to the Philadelphia Water Department Project to which the Company or any Affiliate thereto (other than

Liquidating Assets means the real estate, fixtures and the equipment located thereon which is located in Plymouth County, Massachusetts, Eau Claire, Michigan and/or Bridgeton, New Jersey, which is included among the Collateral granted to the Banks.