Bankruptcy Cases. Any of the Bankruptcy Cases shall be dismissed or converted to a case under Chapter 7 of the Bankruptcy Code; a trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code shall be appointed in any of the Bankruptcy Cases; or any Credit Party shall file or support any application for the approval of, or there shall arise, any other claim (other than the Carve-Out) which is an administrative expense claim having priority over any or all administrative expenses of the kind specified in Sections 503(b) or 507(b) of the Bankruptcy Code; or the Bankruptcy Cases of the Borrower and any other member of the Consolidated Group shall be substantively consolidated or the Bankruptcy Cases of any Guarantor and any member of the Consolidated Group that is not a Guarantor shall be substantively consolidated; or
Bankruptcy Cases. On the Petition Date, Sellers filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code, which cases are jointly administered under Case No. 23-11120 (BLS) (the “Bankruptcy Cases”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) as of the Execution Date.
Bankruptcy Cases. Recitals Bankruptcy Code ...................................................................................................... Recitals Bankruptcy Court ...................................................................................................... Recitals Bankruptcy Rules ...................................................................................................... Recitals Benefit Plans Section 3.16 Bidding Procedures Order Section 3.24 Cash Consideration Section 1.05 Closing Section 2.01 Closing Date Section 2.01 COBRA Section 5.16 Consideration Section 1.05
Bankruptcy Cases. Mavericks’ predecessor and its direct and indirect Subsidiaries were subject to Bankruptcy Cases in the Bankruptcy Court, which Bankruptcy Cases commenced on April 29, 2014. On August 29, 2016, the Plan of Reorganization was confirmed by the Bankruptcy Court pursuant to the Confirmation Order and the Plan of Reorganization is binding and effective on all parties of interest, including all holders of Claims and Interests (as defined in the Plan of Reorganization). Subject to the terms thereof, the Plan of Reorganization and the Confirmation Order revested Mavericks’ predecessor (as reorganized pursuant to the Plan of Reorganization) with all right, title and interest in its properties as of the effective date of the Plan of Reorganization, and the Reorganized TCEH Common Stock (as defined in the Plan of Reorganization) issued in connection with Mavericks’ emergence from the bankruptcy was duly issued in accordance with the Confirmation Order and the Plan of Reorganization. The Confirmation Order determined that the Plan of Reorganization, including all related agreements and documents necessary to implement the Plan of Reorganization were negotiated in good faith and at arm’s length, and, upon completion of documentation and execution, are valid, binding, and enforceable and not in conflict with any federal, state, or local law. Except as would not reasonably be expected to have, a Mavericks Material Adverse Effect, all documents and agreements necessary to implement the Plan of Reorganization have been executed. The Confirmation Order authorized Mavericks’ predecessor to take any action necessary or appropriate to implement, effectuate, consummate, or further evidence the Plan of Reorganization in accordance with its terms and the transactions contemplated thereby. The Plan of Reorganization has been substantially consummated, as defined in 11 U.S.C. § 1101(2), and the effective date of the Plan of Reorganization occurred on October 3, 2016. The Confirmation Order is a Final Order.
Bankruptcy Cases. Between the date hereof and the Closing Date, Seller and Orion shall use commercially reasonable efforts to have the Bankruptcy Cases closed in conformity with Applicable Law (it being understood that this covenant shall not be a condition to Closing).
Bankruptcy Cases. 40 5.08. No Solicitations............................................................................ 40 5.09. Transfer of Assets.......................................................................... 41 5.10. Use of Trade Names.......................................................................... 42
Bankruptcy Cases. The Borrower will not, and will not permit any of its Subsidiaries to seek, consent or suffer to exist (i) any modification, stay, vacation or amendment to the Orders; (ii) a priority claim for any administrative expense or unsecured claim against the Borrower or any Guarantor (now existing or hereafter arising of any kind or nature whatsoever, including without limitation any administrative expense of the kind specified in Section 503(b), 506(c) or 507(b) of the Bankruptcy Code) equal or superior to the priority claim of the Administrative Agent and the Lenders in respect of the Obligations other than the Carve Out; and (iii) any Lien on any Collateral, having a priority equal or superior to the Liens in favor of the Administrative Agent and the Lenders in respect of the Obligations, except for Permitted Prior Liens.
Bankruptcy Cases. No Debtor will seek, consent or suffer to exist (i) any modification, stay, vacation or amendment to the Orders, unless (1) the Term Lenders have failed to perform their obligations hereunder in any respect material to the business operations of the Debtors and the effect of such modification, stay, vacation or amendment is solely to remedy such failure or to obtain for the Debtors substitute performance or (2) the Term Lender Agent has consented to such modification, stay, vacation or amendment in writing, (ii) a priority claim for administrative expense or unsecured claim against any of the Debtors (now existing or hereafter arising of any kind or nature whatsoever, including without limitation any administrative expense of the kind specified in Section 503(b), 506(c) or 507(b) of the Bankruptcy Code) equal or superior to the priority claims of the Term Lender Agent and the Term Lenders in respect of the Obligations, except for Agreed Administrative Expenses, or (iii) any Lien on any Collateral, having a priority equal or superior to the Liens in favor of the Term Lender Agent and the Term Lenders in respect of the Obligations or securing the Prepetition Bank Debt, except for Permitted Prior Liens.
Bankruptcy Cases. (a) The Company has filed with the Bankruptcy Court in the Borrower's Chapter 11 Case its Motion Pursuant to Bankruptcy Code Section 1121(d) to Terminate Exclusivity and for Authority to Conduct Bankruptcy Rule 2004 Examinations (the "Bankruptcy Motion") (i) requesting that the Borrower's exclusive solicitation period be terminated and (ii) seeking authorization for the Company to file its own plan of reorganization for the Borrower ("RCPI's Borrower Plan"). RCPI's Borrower Plan shall be in form and substance reasonably acceptable to EOH and the Company. Within ten (10) days after being provided the information requested in the Bankruptcy Motion by the Borrower, the Company shall file a disclosure statement and a motion requesting the Bankruptcy Court to set a hearing on approval of the disclosure statement and authorizing commencement of solicitation of RCPI's Borrower Plan as soon as possible, but in any event so as to allow RCPI's Borrower Plan to become effective during December 1995. RCPI's Borrower Plan shall be filed on a date and in form and substance reasonably satisfactory to EOH, the Xxxx Investor Group, NUREIT and the Company. RCPI's Borrower Plan shall include the Investment as contemplated in ARTICLE II hereto.
(b) The Company shall not take any material action in connection with the matters described in this SECTION 5.9 without the prior approval of EOH and the Xxxx Investor Group, which shall not be unreasonably withheld. The Company and EOH agree that each shall act in good faith and in a reasonable manner in approving and pursuing any alternative to the actions described in this SECTION 5.9 in accordance with SECTION 2.4 hereof.
Bankruptcy Cases. Southeastern Grocers LLC (“SEG”) and its affiliated entities including BWD (each a “Debtor” and, collectively, the “Debtors”) intend to commence chapter 11 cases (the “Bankruptcy Cases”) by filing voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).
