All Claims held by any Debtor or Non-Debtor Subsidiary against any other Debtor or Non-Debtor Subsidiary shall be reviewed by the Plan Implementation Party and adjusted, continued, eliminated, or discharged, as appropriate; provided, however, the Plan Implementation Party shall not affect the Claims, if any, held by or against any of the Shoemart Debtors.
Debtors has the meaning set forth in the Recitals.
Account Debtors mean all Persons who are obligated on the Receivables.
Reorganized Debtors means the Debtors on and after the Effective Date.
DH means District Hospital;
Party/Parties means Buyer and Seller individually/collectively.
EME means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
DIP Motion means the motion filed by the Debtors seeking entry of the DIP Orders.
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.
Obligors means the Borrower and the Guarantors.
Prepetition means arising or accruing prior to the Petition Date.
First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.
Acquired Companies means, collectively, the Company and the Company Subsidiaries.
Prepetition Lenders means the lenders party to the Prepetition Credit Agreement.
Debtor means a person who is liable on a claim.
Reorganized means, with respect to the Debtors, any Debtor or any successor thereto, by merger, consolidation or otherwise, on or after the Effective Date.
Ad Hoc Group means the ad hoc group of Consenting Noteholders advised by the Ad Hoc Group Advisers.
Ordinary Course Professional Order means the Order Authorizing the Retention and Compensation of Certain Professionals Utilized in the Ordinary Course of Business [D.I. 765].
Seller Parties has the meaning set forth in the preamble to this Agreement.
Vendors means the proposer(s) responding to this RFP and vendor(s) to whom a contract has been awarded as a result of this RFP by SMSD. A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the product(s) /service(s) listed herein.
Originators have the meaning set forth in the Purchase and Sale Agreement, as the same may be modified from time to time by adding new Originators or removing Originators, in each case with the prior written consent of the Administrative Agent.
New debtor means a person that becomes bound as debtor under section 9203(4) by a security agreement previously entered into by another person.
Non-Debtor Subsidiaries means all direct and indirect subsidiaries of any Debtor that are not Debtors in the Chapter 11 Cases.
CEC means the California Energy Commission or its successor agency.
Subordinated Claims shall have the meaning set forth in Section 3.6(c)(i) hereof.
Target Companies means the Company and its Subsidiaries.
SME means an enterprise falling within the category of micro, small and medium-sized enterprises defined by the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises;