Examples of Toshiba Affiliates in a sentence
Intermolecular shall have sole control of the defense and all related potential settlement negotiations, provided that Intermolecular shall not enter into any settlement which would adversely affect Toshiba, Toshiba Affiliates, SanDisk or SanDisk Affiliates without such party’s prior written consent.
Toshiba Affiliates shall mean each of Toshiba’s direct and indirectsubsidiaries on the Effective Date, in each case excluding the Westinghouse Entities.
As of the date hereof, Toshiba and the Toshiba Affiliates have asserted 28 in number and $43,665,642.48 in Claims against the Debtors (the “Toshiba GUC Claims”), which includes a number of Claims arising out of their ordinary course trade relationship with the Debtors, pursuant to which Toshiba and the Toshiba Affiliates provided various products and services to the Debtors’ prepetition business operations.
Pursuant to the Plan and the settlements contained therein, the Toshiba Claims, which are held by the Consenting Claimholder as of the date hereof, will be treated as Allowed Class 3B General Unsecured Claims in an amount equaling $6.9 billion in the aggregate, subject to adjustment for continuing postpetition demands or draw requests actually satisfied by Toshiba or Toshiba Affiliates prior to the Effective Date.
Toshiba and the Toshiba Affiliates have asserted$6.9 billion in Claims against the Debtors (such Claims as listed on lines 3–20 on Exhibit E and lines 1–3 on Exhibit F annexed to the Plan, the “Toshiba Claims”) on account of Claims arising out of certain intercompany advances made to the Debtors, as well as certain prepetition credit support arrangements and guarantees (including the Toshiba Guarantees) provided on behalf of the Debtors.
For the avoidance of doubt, any Toshiba Affiliate Amounts paid by the Owners to or on account of Toshiba Affiliates shall not reduce the Agreed Amount.
When carrying out analysis different factors should be taken into account regarding similarity test.
Further, the EMEA Subsidiaries will (i) pursuant to the Toshiba-EMEA Settlement Agreement, release each claim that such EMEA Subsidiary has, had, or may have against Toshiba and the Toshiba Affiliates, and (ii) participate in the Solvency Steps Plan for the benefit of the Debtors’ reorganization.
Toshiba was a party to the Plan Support Agreement executed in January 2018, where it represented to other PSA Parties that Toshiba and the Toshiba Affiliates “hold[] no other Claims.” Toshiba was deeply involved in the negotiations that led to the terms of the Plan, and had every opportunity to ensure that each and every one of its asserted claims against the estates was resolved to its satisfaction.
The only mention of TAES or TurbinePROs in the Objection is in footnote 3, which states:In addition to asserting administrative expense claims related to the L/C fees, two Toshiba Affiliates – Toshiba America Energy Systems Corporation and TurbinePROs LLC – have asserted administrative expense claims in the amounts of $246,517 and $65,840, respectively, related to other purported post-petition services that were known at the time Toshiba and the Toshiba Affiliates entered into the Plan Support Agreement.