Treatment of Executory Contracts and Unexpired Leases Sample Clauses

Treatment of Executory Contracts and Unexpired Leases. A. Assumption and Rejection of Executory Contracts and Unexpired Leases. On the Effective Date, except as otherwise provided in Article V.H.1 and elsewhere herein, all Executory Contracts or Unexpired Leases not otherwise assumed or rejected will be deemed assumed by the applicable Reorganized Debtor in accordance with the provisions and requirements of sections 365 and 1123 of the Bankruptcy Code, other than those that are: (1) identified on the Schedule of Rejected Executory Contracts and Unexpired Leases; (2) previously expired or terminated pursuant to their own terms or agreement of the parties thereto; (3) have been previously assumed or rejected by the Debtors pursuant to a Final Order; (4) are the subject of a motion to reject that is pending on the Effective Date; or (5) have an ordered or requested effective date of rejection that is after the Effective Date; provided that notwithstanding anything to the contrary herein, no Executory Contract or Unexpired Lease shall be assumed, assumed and assigned, or rejected without the prior written consent of the Required Consenting Stakeholders. Entry of the Confirmation Order shall constitute an order of the Bankruptcy Court approving the assumptions, assumptions and assignments, or rejections of the Executory Contracts or Unexpired Leases as set forth in the Plan, or the Schedule of Rejected Executory Contracts and Unexpired Leases or Schedule of Proposed Cure Amounts, pursuant to sections 365(a) and 1123 of the Bankruptcy Code. Except as otherwise specifically set forth herein, assumptions or rejections of Executory Contracts and Unexpired Leases pursuant to the Plan are effective as of the Effective Date. Each Executory Contract or Unexpired Lease assumed pursuant to the Plan or by Bankruptcy Court order but not assigned to a third party before the Effective Date shall re-vest in and be fully enforceable by the applicable contracting Reorganized Debtor in accordance with its terms, except as such terms may have been modified by the provisions of the Plan or any order of the Bankruptcy Court authorizing and providing for its assumption. Any motions to assume Executory Contracts or Unexpired Leases pending on the Effective Date shall be subject to approval by a Final Order on or after the Effective Date but may be withdrawn, settled, or otherwise prosecuted by the Reorganized Debtors. Except as otherwise provided herein or agreed to by the Debtors and the applicable counterparty, each assumed Executory C...
Sample 1See All (14)
AutoNDA by SimpleDocs
Treatment of Executory Contracts and Unexpired Leases. 28 A. Assumption and Rejection of Executory Contracts and Unexpired Leases. 28
Sample 1Sample 2See All (5)
Treatment of Executory Contracts and Unexpired Leases. 24 11.1. Assumption and Rejection of Executory Contracts and Unexpired Leases. 24 11.2. Cure. 25 11.3. Claims Arising from Rejection, Expiration or Termination. 26 ARTICLE XII. RETENTION OF JURISDICTION 26 ARTICLE XIII. MISCELLANEOUS PROVISIONS 28 13.1. Payment of Statutory Fees. 28 13.2. Satisfaction of Claims. 28 13.3. Special Provisions Regarding Insured Claims. 29 13.4. Subrogation. 29 13.5. Third Party Agreements; Subordination. 29 13.6. Exculpation. 30 13.7. Discharge of Liabilities. 30 13.8. Discharge of Debtors. 30 13.9. Notices. 31 13.10. Headings. 32 13.11. Governing Law. 32 13.12. Expedited Determination. 32 13.13. Exemption from Transfer Taxes. 32 13.14. Retiree Benefits. 32 13.15. Notice of Entry of Confirmation Order and Relevant Dates. 32 13.16. Interest and Attorneys’ Fees. 33 13.17. Modification of the Plan. 33 13.18. Revocation of Plan. 33 13.19. Setoff Rights. 34 13.20. Compliance with Tax Requirements. 34 13.21. Rates; Currency. 34 13.22. Injunctions. 34 13.23. Binding Effect. 35 13.24. Severability. 35 13.25. No Admissions. 35 13.26. Senior Notes Settlement. 36 TABLE OF EXHIBITS Exhibit Name A Glossary of Defined Terms B List of Plan Documents C Term Sheet for New Preferred Shares MES International, Inc., GSI Group Inc. and GSI Group Corporation, debtors and debtors in possession in the above-captioned chapter 11 cases for which joint administration has been granted, hereby collectively and jointly propose the following chapter 11 plan of reorganization:
Sample 1
Treatment of Executory Contracts and Unexpired Leases. 26 A. Assumption of Executory Contracts and Unexpired Leases 26 B. Indemnification 26 C. Cure of Defaults and Objections to Cure and Assumption 26 D. Contracts, Intercompany Contracts, and Leases Entered Into After the Petition Date 27 E. Insurance Policies 27 F. Nonoccurrence of Effective Date. 27 G. Reservation of Rights 27
Sample 1
Treatment of Executory Contracts and Unexpired Leases. 40 A. Assumption of Executory Contracts and Unexpired Leases 40 B. Rejection of Executory Contracts and Unexpired Leases 40 C. Effect of Confirmation Order 40 D. Cure of Defaults for Assumed Executory Contracts and Unexpired Leases 41 E. Claims Based on Rejection of Executory Contracts and Unexpired Leases 41 F. Preexisting Obligations to the Debtors Under Executory Contracts and Unexpired Leases 42 G. PoJo Modifications and Assumption of PoJo Leases and Documents 42 H. IBEW Local 15 Collective Bargaining Agreement 42 I. Modifications, Amendments, Supplements, Restatements, or Other Agreements 42 J. Reservation of Rights 43 K. Nonoccurrence of Effective Date 43 ARTICLE VI. PROVISIONS GOVERNING DISTRIBUTIONS 43 A. Timing and Calculation of Amounts to Be Distributed 43 B. Distribution of Net Sale Proceeds 44 C. Distributions on Account of Obligations of Multiple Debtors 44 D. Distributions Generally 44 E. Rights and Powers of Disbursing Agent 44 F. Distributions on Account of Claims Allowed After the Effective Date 45 G. Delivery of Distributions and Undeliverable or Unclaimed Distributions 45 H. Compliance with Tax Requirements/Allocations 47 I. Claims Paid or Payable by Third Parties 47
Sample 1
Treatment of Executory Contracts and Unexpired Leases. A. Assumption of Executory Contracts and Unexpired Leases On the Effective Date, all Executory Contracts and Unexpired Leases of the Debtors will be assumed by the Debtors in accordance with, and subject to, the provisions and requirements of sections 365 and 1123 of the Bankruptcy Code, except for those Executory Contracts and Unexpired Leases that, in each case, with the consent of the Required Consenting Term Lenders:
Sample 1
Treatment of Executory Contracts and Unexpired Leases. 33 A. Assumption and Rejection of Executory Contracts and Unexpired Leases if the Debtors Do Not Consummate the Sale Transaction on or before the Effective Date. 33
Sample 1
AutoNDA by SimpleDocs
Treatment of Executory Contracts and Unexpired Leases. The Plan shall provide that the Company shall accept the contracts set forth on Schedule 3.A., and shall reject with the intent to renegotiate the contracts set forth on Schedule 3.B. As more specifically set forth on the foregoing schedules, the Company shall:
Sample 1
Treatment of Executory Contracts and Unexpired Leases. 21 5.1 Assumption of Executory Contracts and Unexpired Leases 21 5.2 Indemnification 21 5.3 Cure of Defaults and Objections to Cure and Assumption 21 5.4 Contracts, Intercompany Contracts, and Leases Entered Into After the Petition Date 22 5.5 Reservation of Rights 22 ARTICLE VI PROVISIONS GOVERNING DISTRIBUTIONS 22 6.1 Distributions on Account of Claims and Interests Allowed as of the Effective Date 22 6.2 Special Rules for Distributions to Holders of Disputed Claims and Interests 23 6.3 Delivery of Distributions 23 6.4 Claims Paid or Payable by Third Parties 25 6.5 Setoffs 26 6.6 Allocation Between Principal and Accrued Interest 26 ARTICLE VII PROCEDURES FOR RESOLVING DISPUTED CLAIMS AND INTERESTS 26 7.1 Disputed Claims Process 26 7.2 Prosecution of Objections to Claims and Interests 26 7.3 No Interest 27 7.4 Disallowance of Claims and Interests 27 ARTICLE VIII EFFECT OF CONFIRMATION OF THE PLAN 27
Sample 1
Time is Money Join Law Insider Premium to draft better contracts faster.