Examples of Confirmed Plan of Reorganization in a sentence
This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns, including without limitation any trustee appointed in the U.S. Bankruptcy Case, and any substantively consolidated entity of which Dow Corning Corporation’s estate may form a part and any successor or assign under the Confirmed Plan of Reorganization.
The individuals who have executed this Agreement expressly represent and warrant that they are fully instructed and authorized to act as agents of and to enter into this Agreement on behalf of the Parties, and in the case of Certain Australian Counsel on behalf of Certain Australian Claimants, for the purpose of duly binding the Parties, but subject, in the case of Dow Corning, to the effectiveness of the Confirmed Plan of Reorganization, as contemplated herein.
In consideration of the releases and other consideration to be provided by members of the Voluntary Australian Subclass pursuant to Section 6, below, and subject to and in accordance with the Confirmed Plan of Reorganization, Dow Corning Corporation or the Dow Corning Settlement Facility will cause the payments described in Paragraph 5.1, below, to be made to the Dow Corning/Australia Settlement Trust.
Except as explicitly set forth herein or in the judgments or orders of the U.S. Bankruptcy Court approving the Confirmed Plan of Reorganization of which this Settlement Option is part, or both, there are no representations, warranties, promises or inducements, whether oral written, express or implied, that in any way affect or condition the validity of this Agreement or alter its terms.
For purposes of the treatment of the Voluntary Australian Subclass only, “Proof of Claim” does not include any proof of claim filed on behalf of any “Rule 3005 Claimant” as that term is defined in the Confirmed Plan of Reorganization.
Given that any and all valid claims against members of the Voluntary Australian Subclass for the reimbursement of medical expenses shall be satisfied pursuant to the agreement with HIC or pursuant to provisions in this Agreement or the Confirmed Plan of Reorganization in relation to Subrogation Claims, no separate payments or allowances for past or future medical expenses shall be provided to any member of the Voluntary Australian Subclass.
In the event that fewer than two thousand four hundred (2,400) Australian Dow Corning Breast Implant Users who filed Proofs of Claim register to participate in the Voluntary Australian Subclass on or before the Registration/Voting Deadline pursuant to Paragraph 4.1, below, this Settlement Option shall have no force or effect, and any person who has registered to participate in the Voluntary Australian Subclass shall be treated instead as a member of Class 6.1 of the Confirmed Plan of Reorganization.
Dow Corning and Certain Australian Counsel will use their reasonable best efforts to secure the appropriate court orders and other approvals necessary to implement and effectuate this Settlement Option as part of the Confirmed Plan of Reorganization.
This Settlement Option shall become effective on the Effective Date of the Confirmed Plan of Reorganization only if at least two thousand four hundred (2,400) Australian Dow Corning Breast Implant Users who filed Proofs of Claim, including substantially all of the Certain Australian Claimants, register pursuant to Paragraph 4.1, below, to participate in the Settlement Option as members of the Voluntary Australian Subclass on or before the Registration/Voting Deadline.