Wind-Down Trust Assets definition
Wind-Down Trust Assets means all of the assets of the Debtors’ Estates remaining after the closing of the Sale Transaction, which assets shall be treated as transferred to and beneficially owned by the Wind- Down Trust as of the Effective Date; provided that (a) any such assets that cannot be transferred to the Wind-Down Trust on the Effective Date shall be held by the Post-Effective Date Debtors for the benefit of the Wind-Down Trust for purposes of winding down the Debtors’ Estates and implementing the terms of the Plan and (b) any Canadian Assets shall continue to be owned by Hollander Canada, and the shares of which shall be owned by the Wind-Down Trust for purposes of winding down the Debtor’s Estates and implementing the terms of the Plan.
Wind-Down Trust Assets means all of the assets of the Debtors’ Estates existing immediately before the occurrence of the Effective Date, which assets shall be treated as transferred to and beneficially owned by the Wind-Down Trust as of the Effective Date. For the avoidance of doubt, except as otherwise expressly provided in this Plan or the MGG Settlement Agreement in the case of the MGG Settlement Escrowed Funds, the Wind-Down Trust Assets do not include the funds in the Professional Fee Escrow Account or the MGG Settlement Escrowed Funds.
Wind-Down Trust Assets means all Assets of the Debtors’ Estates other than
More Definitions of Wind-Down Trust Assets
Wind-Down Trust Assets means (a) the Sale Proceeds and the Unencumbered Sale Proceeds, (b) the Equipment Term Loan Contribution, (c) the Excluded Assets, as defined in each of the Purchase Agreements, to the extent not otherwise sold; (d) the Debtors’ rights under the Purchase Agreements and associated documents, including all rights of recovery under the Purchase Agreements and any ancillary agreements among the Debtors and the Purchasers; (e) the Distribution Reserve Accounts; (f) the Net Sales Proceeds and Excess Collateral (both as defined in the Lift Stay Order and subject to the terms thereof) and title to the Equipment Term Loan Collateral, to the extent not otherwise sold (and subject to the terms of the Lift Stay Order); and (g) all other assets of the Debtors or of the Estates existing on the Effective Date after giving effect to all distributions required to be made as of, prior to, or after the Effective Date by an Entity other than the Liquidation Trustee, including, but not limited to, any Cash and any real or personal property. For the avoidance of doubt, the Wind-Down Trust Assets shall not include (y) any claims or Causes of Action released pursuant to Article XII.D hereof or exculpated pursuant to Article XII.F hereof; or (z) funds held in the Professional Fee Escrow.
Wind-Down Trust Assets means all of the assets of the Debtors’ Estates remaining following the Sale Transaction.
Wind-Down Trust Assets means all of the assets of the Debtors’ Estates remaining following the Sale Transaction (including the Wind-Down Amount), which assets shall be treated as transferred to and beneficially owned by the Wind-Down Trust as of the Effective Date; provided, that the Acquired Assets and the Sale Proceeds (absent the express written consent of the DIP Agent and the Prepetition Agent) shall not be Wind-Down Trust Assets.
Wind-Down Trust Assets means all of the Debtors’ assets transferred to, and vesting in, the Wind-Down Trust pursuant to the Wind-Down Trust Agreement, which shall exclude the Acquired Assets, and which shall include, without limitation, (a) the Wind-Down Reserve, (b) to the extent not purchased by Purchaser pursuant to the Asset Purchase Agreement, all VGX held by the Debtors as of the Petition Date, (c) 3AC Claims and 3AC Recovery, (d) the Non-Released D&O Claims, and (e) the Vested Causes of Action.