Postpetition Agreement means any valid contract, lease or other agreement that was entered into by the Debtors on or after the Petition Date, except as set forth in the Confirmation Order, but in any event including the Purchase Agreement and the Tax Settlement Agreement.
As of the Effective Date, the Liquidation Trust shall be deemed a successor in interest to the Debtors under, and a beneficiary of, any Postpetition Agreement, and any rights and benefits thereunder shall be transferred to the Liquidation Trust; provided, however, that no change in ownership or change in control under any such contract, lease or agreement shall be deemed to have occurred on the Effective Date.
The Postpetition Agreement After the Debtors filed bankruptcy in September 2008, Alvarez & Marsal was retained as the Debtors' restructuring advisor and took over the Debtors' tax issues, including those with the FTB.
Nothing contained in this subsection (a) shall permit any Loan Party or any of its Subsidiaries to make a sale or other disposition of any property other than in accordance with Section 4.3, the Postpetition Agreement or the Financing Order.
At trial, the Liquidating Trust presented Curt Brouwer ("Brouwer"), who testified about the Debtors' understanding of the Postpetition Agreement.