Examples of Reorganized Biovest in a sentence
The Reorganized Biovest Charter and the Reorganized Biovest Bylaws shall be the charter and bylaws governing Reorganized Biovest on and after the Effective Date, subject to any right to amend the foregoing as permitted by applicable law as such right may be limited by the terms of the Reorganized Biovest Charter and the Reorganized Biovest Bylaws.
From and after the Effective Date, Reorganized Biovest shall have the exclusive authority to, and shall, file, settle, compromise, withdraw, or litigate to judgment all objections to Claims.
Such Distribution will be made to such Holder by Reorganized Biovest at the end of the 40th month following the Effective Date.
Objections to late-filed Claims and Claims resulting from the rejection of executory contracts or unexpired leases shall be filed on the later of (a) ninety (90) days following the Effective Date or (b) the date sixty (60) days after Reorganized Biovest receives actual notice of the filing of such Claim.
Pursuant to the Modified Plan, on the Effective Date, the Causes of Action shall be vested in Reorganized Biovest, except to the extent a Creditor or other third party has been specifically released from any Cause of Action by the terms of the Modified Plan or by a Final Order of the Court.
The Court finds that the Plan Shares issuable by Reorganized Biovest under the Modified Plan in exchange for the recipient’s Claims against the Debtor shall be exempt from the requirements of Section 5 of the Securities Act and state and local securities laws and requirements by virtue of Section 1145 of the Bankruptcy Code and shall not have any restrictions on transfer or any legend restricting the sale or resale thereof under federal securities law.
On the Effective Date, the Causes of Action shall be vested in Reorganized Biovest, except to the extent a Creditor or other third party has been specifically released from any Cause of Action by the terms of the Plan or by a Final Order of the Bankruptcy Court.
Following the 12 Month Anniversary Date, any such option shall be exercisable in accordance with the terms of the original grant provided that one of the following conditions has been satisfied following the Effective Date: (i) an aggregate of 8,000,000 shares of Reorganized Biovest Common Stock have traded at a price equal to or greater than $1.00 per share, or (ii) for a period of ninety (90) consecutive Trading Days, the VWAP equals or exceeds $1.50 per share.
Reorganized Biovest shall execute and deliver in favor of the 2008 Secured Debentures Holders a security agreement and other customary security documents evidencing such Lien.
The inclusion of language in this Confirmation Order referring to specific provisions of the Modified Plan or authorizing specific action by the Debtor or Reorganized Biovest shall not be construed to imply non-approval of other provisions of the Modified Plan or non-authorization of other actions.