Section 365 Motion definition

Section 365 Motion means the motion filed by the Debtors on March 31, 2006, with the Bankruptcy Court seeking authority to reject 5,472 supply contracts with GM pursuant to section 365 of the Bankruptcy Code, which the Bankruptcy Code authorized the Debtors to withdraw without prejudice by an order entered on January 7, 2008 (Docket No. 11755).

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Section 365 Motion has the meaning specified in Section 19.13(C).

Section 365 Motion has the meaning given to it in the Recitals.

Examples of Section 365 Motion in a sentence

• Within ten (10) days following the Disclosure Statement Approval Date, the Debtors shall withdraw the Section 365 Motion without prejudice.

• Sellers shall (i) notify, in accordance with the requirements of the Bankruptcy Code, all parties entitled to notice of the Section 365 Motion, as modified by orders in respect of notice which may be issued at any time and from time to time by the Bankruptcy Court, and (ii) use commercially reasonable efforts to obtain Bankruptcy Court approval of same, subject to Buyer's rights under Section 2.8 hereof.

• Within ten (10) business days following the Disclosure Statement Approval Datesatisfaction or waiver by both Parties of all conditions to the effectiveness of this Agreement, the Debtors shall withdraw the Section 365 Motion without prejudice.with prejudice the Debtors' complaint against GM filed under seal on October 5, 2007.

More Definitions of Section 365 Motion

Section 365 Motion means the motion filed by the Debtors on March 31, 2006, with the Bankruptcy Court seeking authority to reject 5,472 supply contracts with GM pursuant to section 365 of the Bankruptcy Code, which the Bankruptcy Code authorized the Debtors to withdraw without prejudice by an order entered on January 7, 2008 (Docket No. 11755). Section 1.119 “Separation” shall mean the transactions among GM, the Debtors, and Delphi Affiliate Parties occurring in connection with the entry into the Master Separation Agreement between Delphi and GM on January 1, 1999 and the transfer by GM and certain of its Affiliates of assets, liabilities, manufacturing sites, and employees relating to the former Delphi business sector of GM to certain of the Debtors and Delphi Affiliate Parties. Section 1.120 “Settlement Dispute” shall mean one or more defaults or disputes between GM and any of the Debtors in which (i) the aggregate amount in controversy (including the monetary value or impact of any injunctive relief) exceeds $500,000 (five hundred thousand dollars) and (ii) the claims asserted require the application or construction of this Agreement, the attachments or exhibits hereto (except for the Restructuring Agreement), or the provisions of the Plan relating to the subject matter of this Agreement. By way of clarification, it is not intended by the Parties that the term Settlement Dispute shall include commercial disputes that arise in the ordinary course of business with respect to the various current and future contracts pursuant to which any of the Debtors and/or the Delphi Affiliate Parties supplies components, component systems, goods, or services to any of the GM-Related Parties. Section 1.121 “Splinter Union Employees” shall mean the Delphi hourly employees or retirees who are or were represented by the IAM, the IBEW, or the IUOE. Section 1.122 “Standard GM Terms” shall mean the GM Terms and Conditions as revised in September 2004. Section 1.123 “Transferred Asset Amount” shall have the meaning ascribed to such term in section 2.03(c)(iii)(1) hereof. Section 1.124 “Transfer Date” shall have the meaning ascribed to such term in section 2.03(c)(iii)(1) hereof. Section 1.125 “True-up Amount” shall have the meaning ascribed to such term in section 2.03(c)(iii)(2)(B) hereof. GSA-15