Wind Down Estates definition

Wind Down Estates means (i) the Debtors (excluding, if the Reorganized Equity Plan Election is made, the Reorganized Debtors) pursuant to and under the Plan on or after the Effective Date, and (ii) if the Reorganized Equity Plan Election is made, Wind Down Co.
Wind Down Estates means, solely with respect to the Sale Transaction, the Debtors pursuant to and under the Plan on or after the Effective Date. B. Interpretation; Application of Definitions and Rules of Construction.‌ Unless otherwise specified, all section or exhibit references in the Plan are to the respective section in, or exhibit to, the Plan, as the same may be amended, waived, or modified from time to time. The words “herein,” “hereof,” “hereto,” “hereunder,” and other words of similar import refer to the Plan as a whole and not to any particular section, subsection, or clause contained therein. The headings in the Plan are for convenience of reference only and shall not limit or otherwise affect the provisions hereof. For purposes herein: (a) in the appropriate context, each term, whether stated in the singular or the plural, shall include both the singular and the plural, and pronouns stated in the masculine, feminine, or neuter gender shall include the masculine, feminine, and the neuter gender; (b) any reference herein to a contract, lease, instrument, release, indenture, or other agreement or document being in a particular form or on particular terms and conditions means that the referenced document shall be substantially in that form or substantially on those terms and conditions; (c) unless otherwise specified, all references herein to “Sections” are references to Sections hereof or hereto; (d) the rules of construction set forth in section 102 of the Bankruptcy Code shall apply; and (e) any term used in capitalized form herein that is not otherwise defined but that is used in the Bankruptcy Code or the Bankruptcy Rules shall have the meaning assigned to that term in the Bankruptcy Code or the Bankruptcy Rules, as the case may be. C. Reference to Monetary Figures.‌ All references in the Plan to monetary figures shall refer to the legal tender of the United States of America, unless otherwise expressly provided. D. Controlling Document.‌ In the event of any conflict between the terms and provisions in the Plan (without reference to the Plan Supplement) and the terms and provisions in the Disclosure Statement, the Plan Supplement, any other instrument or document created or executed pursuant to the Plan (including any Restructuring Document or Sale Transaction Document), or any order (other than the Confirmation Order or the DIP Order) referenced in the Plan (or any exhibits, schedules, appendices, supplements, or amendments to any of the foregoing), the Plan (...
Wind Down Estates means the Estates of each Debtor after the Effective Date of the Plan.

Examples of Wind Down Estates in a sentence

  • After such date all unclaimed property or interest in property shall revert to the Reorganized Debtors or Wind Down Estates, and the Claim of any other holder to such property or interest in property shall be discharged and forever barred.

  • On the Effective Date and solely with respect to the Sale Transaction, all property of the Debtors’ Estates shall vest in the Wind Down Estates free and clear of all Claims, Liens, encumbrances, charges, and other interests, except as provided pursuant to the Plan, the Confirmation Order, and the applicable purchase agreement.10.2. Binding Effect.

  • The Debtors or the Wind Down Estates, as applicable, shall satisfy all Cure Amounts with the Sale Transaction Proceeds in the event of a Sale Transaction.

  • Thereafter, the amount represented by such voided check shall irrevocably revert to the Reorganized Debtors or Wind Down Estates, and any Claim in respect of such voided check shall be discharged and forever barred, notwithstanding any federal or state escheat laws to the contrary.

  • The Debtors shall be authorized to implement the Reorganization Transaction, Asset Sale Transaction or Sale Transaction, as applicable, in the manner most tax efficient to the Reorganized Debtors or Wind Down Estates, as determined by the Debtors in their business judgment, given the totality of the circumstances.

  • Undeliverable distributions or unclaimed distributions shall remain in the possession of the Debtors until such time as a distribution becomes deliverable or holder accepts distribution, or such distribution reverts back to the Debtors, Reorganized Debtors, or Wind Down Estates, as applicable, and shall not be supplemented with any interest, dividends, or other accruals of any kind.

  • On the Effective Date, pursuant to sections 1141(b) and (c) of the Bankruptcy Code, all remaining property of the Debtors’ Estates shall vest in the Reorganized Debtors or the Wind Down Estates free and clear of all Claims, Liens, encumbrances, charges, and other interests, except as provided pursuant to the Plan, the Confirmation Order, Amended and Restated Credit Facility Documents, the Exit Warehouse Facilities Documents, or the Exit Working Capital Facility Documents.

  • Plan TransactionsFollowing Confirmation, the Debtors, the Committee, the Plan Administrator, the Litigation Trust and/or the Wind Down Estates (including in its capacity as successor to the Debtors), as applicable, shall take any actions as may be necessary or appropriate to effect the Plan Transactions subject to and consistent with the terms of the Plan.

  • For the avoidance of doubt, the Wind Down Estates and the Litigation Trust, as applicable, shall have and retain any and all rights and defenses any Debtor or its Estate had immediately prior to the Effective Date.

  • Notwithstanding anything in Bankruptcy Rules 3020(e), 6004(h), 7062, or otherwise to the contrary, upon the occurrence of the Effective Date, the Plan shall be immediately effective and enforceable and deemed binding upon and inure to the benefit of the Debtors, the Wind Down Estates, the Holders of Claims and Equity Interests, the Exculpated Parties, the Released Parties, and each of their respective successors and assigns.


More Definitions of Wind Down Estates

Wind Down Estates means the Estates of each Debtor after the Effective Date of this Plan and prior to the closing of the Chapter 11 Case of such Debtor.

Related to Wind Down Estates

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