Examples of Berry Debtors in a sentence
More specifically, the Berry Debtors are obligated under a Second Amended and Restated Credit Agreement with a borrowing base of approximately $900 million and approximately$834 million in senior notes due 2020 and 2022, respectively The Debtors are operationally integrated.
Berry is a wholly owned subsidiary of Linn Acquisition Company, LLC (“LAC”), which, in turn, is a wholly owned subsidiary of Linn Energy, LLC (“LINN,” and together with its Debtor Affiliates other than the Berry Debtors, the “LINN Debtors”) (collectively, the LINN Debtors and the Berry Debtors shall hereafter be referred to as the “Debtors”).
Should the Reorganized Berry Debtors or Reorganized Berry, as applicable, elect on or after the Effective Date to reflect any ownership of the Reorganized Berry Common Stock or Reorganized Berry Preferred Stock through the facilities of DTC, the Reorganized Berry Debtors need not provide any further evidence other than the Plan or the Confirmation Order with respect to the treatment of the Reorganized Berry Common Stock or Reorganized Berry Preferred Stock under applicable securities laws.
No Avoidance Actions shall revert to creditors of the Berry Debtors.
The Berry Debtors reserve the right to alter, amend, modify, revoke, or withdraw the Plan or any Plan Supplement document, including the right to amend or modify the Plan or any Plan Supplement document to satisfy the requirements of section 1129(b) of the Bankruptcy Code.
If the Berry Debtors do not achieve their projected financial results, the value of the Reorganized Berry Common Stock may be negatively affected and the Berry Debtors may lack sufficient liquidity to continue operating as planned after the Effective Date.
The Berry Debtors recommend that potential recipients of Reorganized Berry Common Stock and Reorganized Berry EIP Equity consult their own counsel concerning their ability to freely trade such securities without compliance with the federal law and any applicable state Blue Sky Law.
The Berry Debtors are seeking to obtain Court approval of the Plan.
Based on the foregoing, the Berry Debtors believe that the releases and exculpations in the Plan are necessary and appropriate and meet the requisite legal standard promulgated by the United States Court of Appeals for the Fifth Circuit.
On or after the Effective Date, and unless otherwise provided in the Plan, the Reorganized Berry Debtors may operate their businesses and, except as otherwise provided by the Plan, may use, acquire, or dispose of property and compromise or settle any Claims, Interests, or Causes of Action without supervision or approval by the Court and free of any restrictions of the Bankruptcy Code or Bankruptcy Rules.