Reorganized Inc. Debtors Charters means, collectively, the charters of each of the Reorganized Inc. Debtors.
Reorganized Debtors means the Debtors on and after the Effective Date.
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 Company means the Company, as reorganized pursuant to and under the Plan, on and after the Effective Date, or any successor or assign thereof.
Reorganized means, with respect to the Debtors, any Debtor or any successor thereto, by merger, consolidation or otherwise, on or after the Effective Date.
Creditors’ Committee means the statutory committee of unsecured creditors appointed in the Chapter 11 Cases pursuant to section 1102 of the Bankruptcy Code.
Guarantor’s Board of Directors means the board of directors of the Guarantor or any committee of that board duly authorized to act generally or in any particular respect for the Guarantor hereunder.
Subsidiary Debtors means, collectively, Congoleum Sales, Inc. and Congoleum Fiscal, Inc.
Non-Debtor Subsidiaries means all direct and indirect subsidiaries of any Debtor that are not Debtors in the Chapter 11 Cases.
DIP Facility means the debtor-in-possession secured financing facility provided to the Debtors by the DIP Lenders pursuant to the DIP Credit Agreement as authorized by the Bankruptcy Court pursuant to the DIP Facility Order.
Reorganization Cases means the cases filed by the Debtors under Chapter 11 of the Bankruptcy Code.
DIP Motion means the motion filed by the Debtors seeking entry of the DIP Orders.
Restated Charter means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.
DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.
Parent Charter means the Amended Certificate of Incorporation of Parent.
DIP Facilities means the DIP ABL Facility and the DIP Term Loan Facility.
DIP means debtor-in-possession.
DIP Documents means the DIP ABL Documents and the DIP Term Loan Documents.
Debt Documents means, collectively, the Credit Agreement, the Designated Indebtedness Documents, any Hedging Agreement evidencing or relating to any Hedging Agreement Obligations and the Security Documents.
Subordinated Debt Documents means any documents evidencing and/or securing Debt governed by a Subordination Agreement, all of which documents must be in form and substance acceptable to Agent in its sole discretion. As of the Closing Date, there are no Subordinated Debt Documents.
UCA means Utah State Code Annotated 1953 as amended.
DIP Facility Documents means any notes, certificates, agreements, security agreements, documents, or instruments (including any amendments, restatements, supplements, or modifications of any of the foregoing) related to or executed in connection with the DIP Credit Agreement.
Interim Order means the interim order of the Court made in connection with the process for obtaining shareholder approval of the Arrangement and related matters, as such order may be amended, supplemented or varied by the Court;
New Board means the board of directors or the board of managers of Reorganized Neiman.
Debtors has the meaning set forth in the Recitals.
Surviving Entity has the meaning set forth in Section 2.1.
Bankruptcy Case has the meaning assigned to such term in Section 2.05(b).