Examples of Reorganized Debtor Assets in a sentence
The Plan contemplates the creation of one or more Reorganized Debtors that will receive, as of the Effective Date of the Plan, the Reorganized Debtor Assets.
The Reorganized Debtors’ cash flow forecasts and the vesting of the Reorganized Debtor Assets in the Reorganized Debtors demonstrate that the Reorganized Debtors will be solvent and confirmation of the Plan is not likely to be followed by a liquidation or the need for further financial reorganization.
Specifically, the Reorganized Debtor will be charged with, among other things, (a) winding down the Debtor’s businesses and affairs, (b) resolving Administrative, Priority Tax, Professional Fee, Class 1, and Class 2 Claims, (c) making distributions on Allowed Administrative, Priority Tax, DIP Facility, Professional Fee, Class 1, and Class 2 Claims,(d) administering the Reorganized Debtor Assets, and (e) transferring the Environmental Response Trust Assets to the Environmental Response Trust.
On and after the Reorganized Debtor Completion Date, the Reorganized Debtor shall transfer (a) the D&O Policies to the Liquidating Trust, and (b) any remaining Reorganized Debtor Assets to the Environmental Response Trust.
They will be capitalized by the Reorganized Debtor Assets, which consists of cash, rights to payment and, among other assets, the Debtors’ software platforms and other business-related contracts and assets, as set forth more specifically in the Plan.
Further, pursuant to Section 4.6 of the Plan, on the Effective Date, the Reorganized Debtor Assets shall be transferred to and/or vest in the Reorganized Debtors, and the Reorganized Debtors shall be the sole party(ies) with standing to prosecute claims related thereto.
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Any expenses and costs incurred by the Reorganized Debtor in connection with the wind down and dissolution activities described in the preceding sentence shall be paid solely from the Reorganized Debtor Assets, and the Liquidating Trust shall have no obligation to fund such expenses.
As set forth in the definition of the term “Causes of Action” in the Plan, notwithstanding anything else herein, in the Term Sheet, the Plan or the Confirmation Order, Cause(s) of Action transferred to the Litigation Trust shall not include any Claims or Causes of Action against Released Parties or any of the obligations or assets included in the Reorganized Debtor Assets.
The agreement therefore needs to be assessed under Article 101(3).