Wind Down Co definition

Wind Down Co means an Entity to be established on the Effective Date for the benefit of holders of Claims against the Debtors, which Entity shall be a limited liability company managed by its member(s) in accordance with the Wind Down Co Organizational Documents; provided, however, that the Consenting Claimholder, with the reasonable consent of the PSA Parties, may elect before the Effective Date to create Wind Down Co using a different form of Entity, including the use of a liquidating trust, if the Consenting Claimholder determines that such form would be in the best interests of the Reorganized Debtors and holders of Allowed Claims against the Debtors.
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Wind Down Co means, among other things, a corporation, limited liability company, or a liquidating trust for the purpose of winding down the Bankruptcy Cases, which, for the avoidance of doubt, (a) may be one or more of the Subsidiaries of the Company after the Plan Effective Date, but (b) shall not be Reorganized RentPath.
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Wind Down Co means, if the Reorganized Equity Plan Election is made, the corporation, limited liability company, or trust existing or created on the Effective Date (including one of the Debtor entities other than any Reorganized Debtor) in accordance with Section 5.7(f) or Section 5.7(g), of the Plan.
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Examples of Wind Down Co in a sentence

  • Except as otherwise provided in the Plan, nothing under the Plan shall affect the rights of the Debtors, Wind Down Co and the Plan Oversight Board, as applicable, in respect of any Unimpaired Claims, including all rights in respect of legal and equitable defenses to, or setoffs or recoupments against, any such Unimpaired Claims.

  • The University president or his/her designee may make exceptions to this section of the policy.

  • Pursuant to section 510 of the Bankruptcy Code, the Debtors, Wind Down Co and the Plan Oversight Board, as applicable, reserve the right to reclassify or subordinate any Disputed or Allowed Claim or Interest in accordance with any contractual, legal, or equitable subordination relating thereto, or on any other grounds.

  • Upon assumption of a Contract, your recourse with respect to Cure Obligations will be limited to Wind Down Co, and the Reorganized Debtors will have no liability therefor.

  • Because BLM’s approval of the amendment allowing the placement of processing plants in the pit violates FLPMA’s requirement that management activities conform to applicable land use plans, we set aside BLM’s decision and remand the case for further action.3 1 Van Sant’s May 8, 2007, Notice of Appeal identified himself as the only appellant; however, in his statement of reasons for appeal (SOR) dated June 7, 2007, he attempts to add Concerned Citizens of Independence as an appellant to his appeal.

  • If an Objection relates solely to the Cure Obligation, the Debtors may assume the applicable Contract prior to the resolution of the Objection, and Wind Down Co will reserve cash in an amount sufficient to pay the full amount reasonably asserted as the required Cure Obligation by the non-Debtor party to such Contract (or such smaller amount as may be fixed or estimated by the Bankruptcy Court or otherwise agreed to by such applicable parties).

  • Wind Down Co and the Solicitation and Distribution Agent (as applicable) shall not be required to make any final Distributions of Cash less than $50 to any holder of an Allowed Claim.

  • In the event of a dispute regarding whether a contract or lease is or was executory or unexpired at the time of assumption or rejection, the Debtors, the Reorganized Debtors, Wind Down Co, or the Plan Oversight Board, as applicable, shall have sixty (60) days following entry of a Final Order resolving such dispute to alter the treatment of such contract or lease as otherwise provided in the Plan.

  • After such date, all unclaimed property or interests in property shall revert (notwithstanding any applicable federal or state escheat, abandoned, or unclaimed property laws to the contrary) to Wind Down Co or the Segregated Account (as applicable) automatically and without need for a further order by the Bankruptcy Court for Distribution in accordance with the Plan and the Claim of any such holder to such property or interest in property shall be released, settled, compromised, and forever barred.

  • Wind Down Co may at any time, at the direction of the Plan Oversight Board, request that the Bankruptcy Court estimate any contingent, unliquidated, or Disputed Claim pursuant to section 502(c) of the Bankruptcy Code regardless of whether any party in interest previously objected to such Claim or whether the Bankruptcy Court has ruled on any such objection.


More Definitions of Wind Down Co

Wind Down Co means, if the Reorganized Equity Plan Election is made, the corporation, limited liability company, or trust existing or created on the Effective Date (including one of
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Related to Wind Down Co

  • Wind Down shall have the meaning as defined in the Master Agreement. Other defined terms not included above shall have the meanings set forth herein.

  • Wind-Down Period is defined in Section 12.5 of this Agreement.

  • Wind-Down Budget means a budget to be prepared by the Debtors, and reasonably acceptable to the Deerfield Requisite Supporting Noteholders, the Unaffiliated Requisite Supporting Noteholders, and the Committee, which shall be filed with the Court as part of the Plan Supplement, and which may be amended from time to time after entry of the Confirmation Order, subject to the consent of the Oversight Committee, which consent shall not be unreasonably withheld, and which shall estimate the funds necessary to administer the Plan and wind down the Debtors’ affairs, including the costs of holding and liquidating the Estates’ remaining property, objecting to Claims, making the Distributions required by the Plan, prosecuting claims and Causes of Action that may be held by the Estates against third parties that are not released, waived or transferred pursuant to the Plan (including pursuant to Article X) or otherwise, paying Taxes, filing Tax returns, paying professionals’ fees and expenses, paying the fees and expenses of the Oversight Committee, funding payroll and other employee costs, providing for the purchase of errors and omissions insurance and/or other forms of indemnification for the Plan Administrator, and for all such items and other costs of administering the Plan, the Estates and the Liquidating Debtors (other than the Administrative and Priority Claims Reserve, the Disputed Claims Reserve, and the Professional Fee Reserve).

  • Manual Load Dump Action means an Operating Instruction, as defined by NERC, from PJM to shed firm load when the PJM Region cannot provide adequate capacity to meet the PJM Region’s load and tie schedules, or to alleviate critically overloaded transmission lines or other equipment. Manual Load Dump Warning:

  • SPS means ADB's Safeguard Policy Statement (2009);

  • Dissolution Event has the meaning set forth in Section 6.1.

  • Master Registration Agreement means the agreement of that sets out (among other things) the procedure for a supplier to Register a Supply Point;

  • Early Dissolution Event has the meaning specified in Section 9.2.

  • CONTRACT END DATE Contract performance shall terminate as of December 31, 2027, with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor certifies that they have accessed and reviewed all documents incorporated by reference as electronically published and the Contractor makes all certifications required under the Standard Contract Form Instructions and Contractor Certifications under the pains and penalties of perjury, and further agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the applicable Commonwealth Terms and Conditions, this Standard Contract Form, the Standard Contract Form Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor’s Response (excluding any language stricken by a Department as unacceptable, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract.

  • Purchaser/ User means ultimate recipient of goods and services

  • GMAC GMAC Mortgage Corporation, or its successor in interest.

  • Locational UCAP Seller means a Member that sells Locational UCAP.

  • Master Repurchase Agreement means the Master Repurchase Agreement of even date herewith between the Trust and Bear, Xxxxxxx & Co. Inc. as it may from time to time be amended.

  • Private Placement Warrants Purchase Agreement shall have the meaning given in the Recitals hereto.

  • Write-Down and Conversion Powers means, with respect to any EEA Resolution Authority, the write-down and conversion powers of such EEA Resolution Authority from time to time under the Bail-In Legislation for the applicable EEA Member Country, which write-down and conversion powers are described in the EU Bail-In Legislation Schedule.

  • CCMA means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995;

  • Optional Interconnection Study Agreement means the form of agreement for preparation of an Optional Interconnection Study, as set forth in Tariff, Attachment N-3. Part I:

  • Sale and Purchase Agreement means all the agreements entered into from time to time (whether before, on or after the date of this Agreement) by the Borrower for the sale of the Units and shall include any one or more or all of the Sale and Purchase Agreements.

  • Alternate VRDP Shares Purchase Agreement means any agreement with a successor liquidity provider replacing the VRDP Shares Purchase Agreement (or any replacement therefor) upon its termination in accordance with its terms and containing a Purchase Obligation substantially similar to the Purchase Obligation therein, as determined by the Fund.

  • Your Billing Rights Keep This Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

  • Principal Transaction means any transaction between the Sponsor, the Manager or any of their respective Affiliates, on the one hand, and the Company or one of its Subsidiaries, on the other hand.

  • Dissolution Date means, as the case may be:

  • Countrywide Servicing Agreement Solely with respect to the Countrywide Mortgage Loans, the Mortgage Loan Purchase and Servicing Agreement, dated as of November 1, 2001, between the Transferor, as purchaser, and Countrywide, as seller and as servicer (as successor to Countrywide Home Loans, Inc. by an assignment dated January 1, 2001, as the same may be amended or supplemented), as the same may be amended from time to time, and any assignments and conveyances related to the Countrywide Mortgage Loans.

  • Sub-Distributor means any sub-distributor appointed by the Distributor in accordance with the requirements of the Central Bank Notices as a sub-distributor of the Company.

  • Buyer Initial s/ PL Purchase Agreement for Tractor Supply-Maryville, TN Buyer shall be allowed five (5) days after receipt of said commitment for examination and the making of any objections to marketability thereto, said objections to be made in writing or deemed waived. If any objections are so made, the Seller shall be allowed eighty (80) days to make such title marketable or in the alternative to obtain a commitment for insurable title insuring over Buyer's objections. If Seller shall decide to make no efforts to make title marketable, or is unable to make title marketable or obtain insurable title, (after execution by Buyer of such documents reasonably requested by Seller to evidence the termination hereof) Buyer's First Payment shall be returned and this Agreement shall be null and void and of no further force and effect. Seller has no obligation to spend any funds or make any effort to satisfy Buyer's objections, if any. Pending satisfaction of Buyer's objections, the payments hereunder required shall be postponed, but upon satisfaction of Buyer's objections and within ten (10) days after written notice of satisfaction of Buyer's objections to the Buyer, the parties shall perform this Agreement according to its terms.