Common use of Adequate Notice Clause in Contracts

Adequate Notice. On the Petition Date, the Debtors filed the Motion with this Court and pursuant to Bankruptcy Rules 2002, 4001 and 9014 and the Local Rules, the Debtors provided notice of the Motion and the Interim Hearing by electronic mail, facsimile, hand delivery or overnight delivery to the following parties and/or to their respective counsel as indicated below: (a) the Office of the United States Trustee; (b) counsel to The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar under the Senior Secured Notes Indenture (the “Trustee”); (c) counsel to The Bank of New York Mellon, as U.S. collateral trustee (the “U.S. Collateral Trustee”); (d) counsel to Banco Santander Chile, as Chilean collateral trustee (the “Chilean Collateral Trustee”, and together with the U.S. Collateral Trustee, the “Collateral Trustees”); (e) counsel to an ad hoc group (the “Ad Hoc Group”) of certain holders, or investment managers for holders, of the Senior Secured Notes (as defined below) that are a signatory to the RPSA (as defined below) (collectively, the “Consenting Senior accounts; (g) creditors holding the thirty (30) largest unsecured claims as set forth in the consolidated list filed with the Debtors’ petitions; and (h) all parties requesting service in these Chapter 11 Cases pursuant to Bankruptcy Rule 2002 (collectively, the “Notice Parties”). Given the nature of the relief sought in the Motion, this Court concludes that the foregoing notice was sufficient and adequate under the circumstances and complies with the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and any other applicable law, and no further notice relating to this proceeding and the hearing on this Motion is necessary or required.

Adequate Notice. On the Petition Date, the Debtors MACH Gen filed the Motion with this Court and pursuant to Bankruptcy Rules 2002, 4001 and 9014 9014, and the Local Rules, the Debtors provided notice of the Motion and the Interim Hearing by electronic mail, facsimile, hand delivery or overnight delivery to the following parties and/or to their respective counsel as indicated below: (a) the Office of the United States U.S. Trustee; (b) counsel to The Bank of New York Mellon, the First Lien Lenders (as trustee, principal paying agent, transfer agent and registrar under the Senior Secured Notes Indenture (the “Trustee”defined below); (c) counsel to The Bank of New York MellonCLMG, in its capacity as U.S. administrative agent and collateral trustee agent for the First Lien Lenders (the “U.S. Collateral TrusteeFirst Lien Agent”); (d) counsel to Banco Santander Chile, certain Second Lien Lenders (as Chilean collateral trustee defined below) owning at least two-thirds in dollar amount of the outstanding Second Lien Prepetition Obligations (the “Chilean Collateral Trustee”, and together with the U.S. Collateral Trustee, the “Collateral Trustees”defined below); (e) counsel to an ad hoc group The Bank of New York Mellon, in its capacity as administrative agent and collateral agent for the Second Lien Lenders (the “Ad Hoc GroupSecond Lien Agent,” and together with the First Lien Agent, the “Prepetition Agents”); (f) of certain holdersCitibank N.A., or investment managers for holders, of as Depositary under the Senior Secured Notes Security Deposit Agreement (as defined below) that are a signatory to the RPSA (as defined below) (collectively, the “Consenting Senior accounts); (g) creditors holding the thirty (30) largest unsecured claims as set forth in the consolidated list filed with the DebtorsMACH Gen Entities’ Chapter 11 petitions; and (h) all parties requesting service in these Chapter 11 Cases pursuant to Bankruptcy Rule 2002 (collectively, the “Notice Parties”). Given the nature of the relief sought in the Motion, this Court concludes that the foregoing notice was sufficient and adequate under the circumstances and complies with the 4 Bankruptcy Code, the Bankruptcy Rules, the Local Rules and any other applicable law, and no further notice relating to this proceeding and the hearing on this Motion is necessary or required.

Adequate Notice. On the Petition Date, the Debtors filed the Motion with this Court and pursuant to Bankruptcy Rules 2002, 4001 4001, and 9014 9014, and the Local Rules, the Debtors represent that they provided notice of the Motion and the Interim Hearing by electronic mail, facsimile, hand delivery delivery, or overnight delivery to the following parties and/or to their respective counsel as indicated below: (a) the Office of the United States Trustee; (b) counsel to The Bank of New York Mellon, as trustee, principal paying agent, transfer agent and registrar under the Senior Secured Notes Indenture (the “Trustee”); (c) counsel to The Bank of New York Mellon, as U.S. collateral trustee (the “U.S. Collateral Trustee”); (d) counsel to Banco Santander Chile, as Chilean collateral trustee (the “Chilean Collateral Trustee”, and together with the U.S. Collateral Trustee, the “Collateral Trustees”); (e) counsel to an ad hoc group (the “Ad Hoc Group”) of certain holders, or investment managers for holders, of the Senior Secured Notes (as defined below) that are a signatory to the RPSA (as defined below) (collectively, the “Consenting Senior accounts; (g) creditors holding the thirty (30) largest unsecured claims as set forth in the consolidated list filed with the Debtors’ petitions; and (h) all parties requesting service in these Chapter 11 Cases pursuant to Bankruptcy Rule 2002 below (collectively, the “Notice Parties”). Given ): (i) the nature Office of the relief sought in United States Trustee for the Motion, this Court concludes that Southern District of Texas; (ii) the foregoing notice was sufficient and adequate holders of the 50 largest unsecured claims against the Debtors (on a consolidated basis); (iii) the indenture trustee under the circumstances and complies with WLB Debtors’ 8.75% senior secured notes due 2022; (iv) the Bankruptcy Code, ad hoc group of lenders under the Bankruptcy Rules, the Local Rules and any other applicable law, and no further notice relating to this proceeding WLB Debtors’ prepetition term loan facility due 2020 and the hearing on this Motion is necessary or requiredWLB Debtors’ 8.75% senior secured notes due 2022; (v) the administrative agent under the WLB Debtors’ prepetition term loan facility due 2020; (vi) the administrative agent under the WLB Debtors’ bridge loan facility due 2019; (vii) the administrative agent under the WMLP Debtors’ term loan facility due 2018; (viii) the ad hoc committee of certain lenders under the WMLP Debtors’ term loan facility due 2018; (ix) the administrative agent under the WLB Debtors’ proposed debtor-in-possession financing facility; (x) the lenders under the WLB Debtors’ proposed debtor-in-possession financing facility; (xi) any statutory committee appointed in these cases; (xii) the United States Attorney’s Office for the Southern District of Texas; (xiii) the Internal Revenue Service; (xiv) the Environmental Protection Agency and similar state environmental agencies for states in which the Debtors conduct business; (xv) the offices of the attorneys general for the states in which the Debtors operate; (xvi) the Securities and Exchange Commission; and (xvii) any party that has requested notice pursuant to Bankruptcy Rule 2002.