Liquidating Trust definition
Examples of Liquidating Trust in a sentence
The requirement that the Liquidating Trust exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate any potential Force Majeure event and best efforts to address the effects of any potential Force Majeure event (a) as it is occurring and (b) following the potential Force Majeure, such that the delay and any adverse effects of the delay are minimized.
This Settlement Agreement applies to, is binding upon, and shall inure to the benefit of, and shall as applicable be enforceable by, the signatories hereto, their legal successors and assigns, the Debtors, the Reorganized Debtors, the Liquidating Trust, and all other Covered Entities.
At the conclusion of the term of the Wind-Down Trust and satisfaction of the Prepetition Term Loan and DIP Order obligations, any excess funds shall be distributed to the Liquidating Trust in accordance with the Plan.
Notwithstanding anything to the contrary herein, for the avoidance of doubt, all Prepetition Term Loan Collateral and DIP Collateral not otherwise transferred to the Liquidating Trust, as further described in the Plan, shall be transferred to the Wind-Down Trust subject to Liens, Claims and Interests of the Prepetition Term Loan Agent and DIP Agent (including prepetition and adequate protection Liens) to the same extent, validity and priority as set forth in the DIP Order.
Unless PESRM recovers on the Excise Tax Refund Claim, the United States agrees that no other retirement of RINs by the Debtors, the Liquidating Trust, or the Covered Entities is required, with respect to any activities or conduct occurring prior to the Plan Effective Date, and the United States irrevocably waives any such requirements.