The U.S. federal income tax consequences to a U.S. Holder who disposes of its Allowed Class 4 Claims in exchange for New Interests in Reorganized Dream II (an “Allowed Class 4 Claim Exchange”) will depend on the Restructuring Transactions that are implemented in pursuance of the Plan.
Reorganized Debtor means a Debtor, or any successor or assign thereto, by merger, consolidation, reorganization, or otherwise, in the form of a corporation, limited liability company, partnership, or other form, as the case may be, on and after the Effective Date.
Reorganized Debtors means the Debtors on and after the Effective Date.
Reorganized means, with respect to the Debtors, any Debtor or any successor thereto, by merger, consolidation or otherwise, on or after the Effective Date.
Reorganized Company means the Company, as reorganized pursuant to and under the Plan, on and after the Effective Date, or any successor or assign thereof.
Delaware Divided LLC means any Delaware LLC which has been formed upon consummation of a Delaware LLC Division.
Liquidating Trust means the liquidating trust maintained by the Trustee holding the Trust Assets of the Partnership, identified as the "PLM Equipment Growth Fund III Liquidating Trust"; also referred to herein as the "Trust."
Surviving Entity has the meaning set forth in Section 2.1.
Surviving General Partner has the meaning set forth in Section 11.2(d)(i)(A).
Liquidating Trust Assets means the assets of a Debtor or Debtor-Controlled Entity to be transferred to a Liquidating Trust as may be determined by the Plan Administrator, which shall be described in a Liquidating Trust Agreement.
UCA means Utah State Code Annotated 1953 as amended.
Surviving Company has the meaning set forth in Section 2.1.
Cleared UCAP means the amount of MW (rounded down to the nearest tenth of a MW) that had been subject to an Offer Floor but has cleared in accordance with Section 23.4.5.7.
DH means District Hospital;
Liquidating Trustee has the meaning set forth in Section 6.2(a).
Liquidating Trust Agreement means an agreement evidencing the terms and provisions governing a Liquidating Trust that shall be entered into prior to the establishment of such Liquidating Trust and pursuant to which a Liquidating Trustee shall manage and administer Liquidating Trust Assets.
Liquidation Trust means the trust created pursuant to the Liquidation Trust Agreement on the Effective Date in accordance with the Plan, the Confirmation Order and the Liquidation Trust Agreement.
Merger Sub II has the meaning set forth in the Preamble.
Delaware LLC means any limited liability company organized or formed under the laws of the State of Delaware.
Virginia venture capital account means an investment fund that has been certified by the
Surviving Partnership has the meaning set forth in Section 11.2.B(ii) hereof.
Delaware LLC Division means the statutory division of any Delaware LLC into two or more Delaware LLCs pursuant to Section 18-217 of the Delaware Limited Liability Company Act.
EBS means Electronic Bid Submission.
Effective Time has the meaning set forth in Section 2.2.
Newco has the meaning set forth in the first paragraph of this Agreement.
Creditors’ Committee means the statutory committee of unsecured creditors appointed in the Chapter 11 Cases pursuant to section 1102 of the Bankruptcy Code.
Delaware LLC Act means the Delaware Limited Liability Company Act.