Certifications and Acknowledgments Sample Clauses
Certifications and Acknowledgments. By signing this Ballot, the undersigned acknowledges and certifies that the undersigned is the claimant or has the power and authority to vote to accept or reject the Plan on behalf of the claimant. The undersigned understands that the solicitation of votes for the Plan is subject to all the terms and conditions set forth in the Disclosure Statement. The undersigned understands that, if this Ballot is validly executed but does not indicate either acceptance or rejection of the Plan, this Ballot will not be counted. The undersigned acknowledges that any election made on this Ballot will be binding on its successors, heirs and assigns including, without limitation, any Transferee. Table of Contents If by Authorized Agent, Name and Title1 1 As indicated in the Instructions, evidence of authority must be included with this Ballot unless the signatory is an officer or employee of the entity that is the creditor. Table of Contents x In re: : Chapter 11 : NRG ENERGY, INC., et al., : Case No. 03-13024 (PCB) : Debtors : (Jointly Administered) : x CLASS 5: NRG UNSECURED CLAIMS This Ballot is submitted to you by NRG Energy, Inc. (“NRG”), NRG Power Marketing Inc., NRG Finance Company I LLC, NRGenerating Holdings (No. 23) B.V., and NRG Capital LLC, as debtors-in-possession (collectively, the “Debtors”) to solicit your vote to accept or reject the Debtors’ Second Amended Joint Plan of Reorganization (the “Plan”) described in the accompanying Third Amended Disclosure Statement for Debtors’ Second Amended Joint Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code, dated July 2, 2003 (the “Disclosure Statement”). Capitalized terms used in this Ballot or the attached instructions that are not otherwise defined have the meanings given to them in the Definition Schedule annexed as Exhibit F to the Plan. The Plan can be confirmed by the Bankruptcy Court and thereby made binding on you if it is accepted by the holders of at least two-thirds in amount and more than one-half in number of the Claims in each impaired Class who vote on the Plan and if the Plan otherwise satisfies the applicable requirements of section 1129(a) of the Bankruptcy Code. If the requisite acceptances are not obtained, the Bankruptcy Court nonetheless may confirm the Plan if it finds that the Plan (a) provides fair and equitable treatment to, and does not unfairly discriminate against, the Class or Classes rejecting the Plan and (b) otherwise satisfies the requirements of section 1129(b) of...
Certifications and Acknowledgments certify that I am the owner, or authorized representative of the owner, of the Statement Number(s) for which annual water reports will be submitted through the DACP’s website.
Certifications and Acknowledgments. Each Party hereby certifies and acknowledge as follows:
(a) The Plaintiff represents and warrants that this Agreement and the settlement embodied herein hare been duly authorized by all necessary limited liability company action by Plaintiff and that this Agreement has been duly executed on behalf of Plaintiff by a person duly authorized to do so, The Defendant represents and warrants that this Agreement and the settlement embodied herein have been duly authorized by all necessary corporate action by Defendant and has been duly executed on behalf of Defendant by a person duly authorized to do so.
(b) Such Party has signed this Agreement voluntarily and knowingly in exchange for the consideration described herein, which each acknowledges is adequate and satisfactory to such Party;
(c) Such Party has consulted with his, her or its counsel prior to signing this Agreement and has had the opportunity not to execute this Agreement and to request modifications to this Agreement consistent with his, her or Its respective interests;
Certifications and Acknowledgments