Certain Additional Chapter 11 Matters Clause Samples
The "Certain Additional Chapter 11 Matters" clause outlines specific provisions or considerations that apply in the event a party to the agreement files for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code. This clause may address issues such as the treatment of executory contracts, the rights of creditors, or the procedures for assumption or rejection of agreements during bankruptcy proceedings. By detailing these additional matters, the clause helps clarify the parties' rights and obligations in a bankruptcy scenario, thereby reducing uncertainty and potential disputes during the reorganization process.
Certain Additional Chapter 11 Matters. 7.01. [Reserved].
7.02. For so long as this Agreement has not been terminated in accordance with Section 8, each EFH/EFIH Debtor shall use its reasonable best efforts to: (a) provide to counsel for NEE draft copies of all material motions, pleadings, and other documents that such EFH/EFIH Debtor intends to file with any court or regulatory body (including the Bankruptcy Court and the PUC but excluding the IRS) relating to the Alternative E-Side Plan as it relates, directly or indirectly, to the EFH/EFIH Debtors, or any of the other transactions contemplated by this Agreement at least three (3) business days before the date on which the EFH/EFIH Debtor intends to file any such document; provided, however, that the EFH/EFIH Debtors shall provide to counsel for NEE draft copies of the Alternative E-Side Disclosure Statement, Alternative E-Side Solicitation Materials, proposed Alternative E-Side Disclosure Statement Order, PSA and Merger Approval Motion, proposed PSA and Merger Approval Order, and proposed Alternative E-Side Confirmation Order, at least five (5) business days before the date on which the EFH/EFIH Debtor intends to file any such document; provided further, however, that NEE acknowledges such three (3) or five (5) business day period, as applicable, may not be reasonably practicable in all cases and that in such cases the filing EFH/EFIH Debtor shall provide as much advance notice as is reasonably practicable; and (b) incorporate all reasonably requested comments, modifications, or amendments of NEE in any such motion, pleading, or other document; provided further, however, that the Alternative E-Side Confirmation Order shall be in a form and substance acceptable to NEE, and the Alternative E-Side Confirmation Order shall not be, in any respect that is materially adverse to NEE, altered, amended, modified or supplemented without the consent of NEE.
7.03. For so long as this Agreement has not been terminated in accordance with Section 8, each EFH/EFIH Debtor and its Representatives shall use its reasonable best efforts to (a) consult in advance with NEE to the extent reasonably practicable, with respect to statements anticipated to be made on the record in any court (including the Bankruptcy Court) or before any regulatory body in connection with the Chapter 11 Cases that are related to the Alternative E-Side Plan; and (b) consider in good faith all reasonably requested comments, modifications, or amendments of NEE in any such statement described...
Certain Additional Chapter 11 Matters. (a) During the Plan Support Effective Period, counsel to the Creditor-Investor Parties, counsel to the ▇▇▇▇-Investor Parties, and counsel to the Consenting TCEH Creditor Parties shall (i) be given the reasonable opportunity to participate in all scheduled substantive communications with the IRS concerning the Supplemental Ruling Request and any other IRS Submission, including all scheduled conference calls and in-person meetings and (ii) be updated promptly regarding any unscheduled communications with the IRS; provided, however, that such participation shall be limited to two individuals for each of (x) the Creditor-Investor Parties, (y) the ▇▇▇▇-Investor Parties, and (z) the Consenting TCEH Creditor Parties. The TCEH Official Committee shall be updated by the Debtors promptly following any such communications or meetings.
(b) During the Plan Support Effective Period, the Debtors will use commercially reasonable efforts to provide to counsel to the Creditor-Investor Parties, counsel to the ▇▇▇▇-Investor Parties, counsel to the Consenting Interest Holders, counsel to the Consenting TCEH Creditor Parties, and counsel to the TCEH Official Committee draft copies of all material motions, pleadings and other documents that the Debtors intend to file with any court or regulatory body (including the Bankruptcy Court and the PUCT, but excluding the IRS) relating to the Plan and Restructuring Transactions at least three (3) Business Days before the date on which the Debtors intend to file any such document; provided, however, that all Parties acknowledge such three (3) Business Day period, as applicable, may not be reasonably practicable in all cases, and that in such cases the Debtors shall provide as much advance notice as is reasonably practicable. The Debtors will incorporate all reasonably requested comments of the Creditor-Investor Parties, ▇▇▇▇-Investor Parties, Consenting Interest Holders, Consenting TCEH Creditor Parties, and counsel to TCEH Official Committee in such motions, filings, and orders.
(c) During the Plan Support Effective Period (and, solely with respect to the Debtors and the Consenting TCEH First Lien Creditors, during an Alternative Restructuring Support Period, if an Alternative Restructuring contemplates a tax-free spin-off of the TCEH Debtors’ assets), (i) the Debtors will use commercially reasonable efforts to provide to counsel to the Creditor-Investor Parties, counsel to the ▇▇▇▇-Investor Parties, counsel to the Consenting Interest Ho...
Certain Additional Chapter 11 Matters. 7.01. During the Effective Period, the Debtor will use commercially reasonable efforts to provide: (i) definitive draft copies of all material motions, pleadings and other documents (including any regulatory submissions) that the Debtor intends to file with any court or regulatory body (including, the Bankruptcy Court) relating to the Chapter 11 Case, the Restructuring Transactions or with respect to any of the Debtor’s regulated facilities, to counsel to the Unofficial Noteholder Committee at least two (2) business days before the date on which the Debtor intends to file any such document; and (ii) definitive draft copies of all Plan Transaction Documents to counsel to the Unofficial Noteholder Committee at least three (3) business days before the date on which the Debtor intends to file such documents.
7.02. The Parties shall cooperate with each other in good faith and shall coordinate their activities (to the extent possible and permitted by law and subject to the terms of this Agreement) in respect of the consummation of the transactions contemplated by this Agreement.
Certain Additional Chapter 11 Matters. The Company shall provide draft copies of all “first day” motions or applications and all other documents and pleadings the Company intends to file with the Bankruptcy Court to counsel for the Agent and Designated Consenting Lenders at least 5 Business Days before the date the Company intends to file such documents, and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court. The Company agrees that all such motions, applications, other documents and pleadings shall be reasonably calculated to implement and advance the Restructuring embodied in the Plan. Prior to the Petition Date all such “first day” motions and applications shall have been agreed upon and approved by the Company, Agent and Designated Consenting Lenders in each of their sole and absolute discretion.