Debtor-in-Possession Sample Clauses

Debtor-in-Possession. Multiple deposit accounts of a single chapter 11 debtor in possession (“Debtor in Possession”) bankruptcy case are to be combined for purposes of computing whether Bankruptcy Funds exceed the FDIC insurance limit. Chapter 7 Trustee, Chapter 11, 12, or 00 Xxxxxxx Xxxxxxxxx Xx a Case by Case Basis, Examiner or Custodian - A chapter 7 trustee, a chapter 11, 12, or 13 trustee appointed on a case by case basis, an examiner, or a custodian (each referred to herein as a “Trustee” and, collectively, as “Trustees”) shall be treated as a separate depositor for each case if the formal name on the deposit account refers to a separate case. For example, “Xxx Xxxxx, Trustee for the Estate of XYZ Corporation,” is a different depositor than “Xxx Xxxxx, Trustee for the Estate of ABC Corporation” and these accounts are not combined for purposes of computing whether Bankruptcy Funds exceed the FDIC insurance limit. 1Chapter 12 or 13 Standing Trustee - Bankruptcy Funds on deposit in chapter 12 or 13 standing trustee (“Standing Trustee”) accounts labeled “expense,” “payroll,” or “operating” are to be aggregated for each Standing Trustee in computing funds which exceed the FDIC insurance limit. Bankruptcy Funds on deposit in Standing Trustee accounts marked “trust account” or “trustee,” in which commingled estate funds are deposited, shall be insured up to $250,000 for each debtor’s estate pursuant to 12 C.F.R. § 330.13(c). 1In order to determine compliance with this Agreement, Depository shall furnish to UST at the address shown in paragraph 21: 1A quarterly summary report showing: (1) the total amount of month-end ledger balance of Bankruptcy Funds on deposit; (2) the market value of any required Pledged Securities on deposit at the Federal Reserve Board, or the amount of any required Surety Bond coverage; and (3) a calculation of any required ATBC (“Quarterly Summary Report”). The Quarterly Summary Report is due within 15 calendar days following the end of each calendar quarter. 1A quarterly report of Bankruptcy Accounts, by judicial district, identifying each account, including but not limited to: checking accounts, savings accounts, certificates of deposit, money market accounts, and collateral accounts; the account name and number; the bankruptcy case number and chapter number; the end of month ledger balance at the end of the calendar quarter, and the amount in excess of the FDIC insurance limit, sorting and subtotaling accounts by Trustee, Standing Trustee, or Debtor in...
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Debtor-in-Possession. For purposes of these intercreditor agreements, all references to the Company or any Guarantor shall include such Person as a debtor-in-possession and any receiver or trustee for such Person in any bankruptcy, insolvency or liquidation case.
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Debtor-in-Possession. Subject to the requirements of Insolvency Laws, upon the occurrence of a bankruptcy or insolvency of the Borrower or any other Loan Party, the Lender shall have the exclusive right, exercisable at its option in its sole discretion, to convert this Loan Agreement (including, without limitation, the outstanding Advances and any additional Advances that may be made hereunder) into a debtor-in-possession facility in form and substance acceptable to the Lender. The Loan Parties shall cooperate with and assist the Lender in connection with such conversion and shall do such further acts and things as are reasonably required by the Lender to effectuate such conversion and to secure such indebtedness. All orders issued by any bankruptcy court, other court and/or Governmental Authority approving any such debtor-in-possession facility, and any motions in connection therewith, shall be in form and substance reasonably acceptable to the Lender. The Lender may elect, at its option in its sole discretion, to prepare the first draft of any orders and motions. Any such debtor-in-possession facility shall be on no less favorable terms and conditions than any debtor-in-possession facility among the US Lender and any other Loan Party in connection with the US Lender’s loans to Chrysler Group LLC and any other Loan Parties.
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Debtor-in-Possession. Each Borrower Party shall be a debtor and a debtor-in- possession under Chapter 11 of the Bankruptcy Code.
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Debtor-in-Possession. Seller is the Debtor-in-Possession in the Bankruptcy Case.
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Debtor-in-Possession. During the pendency of the Bankruptcy Case, the Company shall continue to operate its business as debtor-in-possession pursuant to the Bankruptcy Code.
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Debtor-in-Possession. CREDIT AGREEMENT This DEBTOR IN POSSESSION CREDIT AGREEMENT, dated as of March 30, 2006 (the “Agreement”), among CURATIVE HEALTH SERVICES, INC., a Minnesota corporation formerly known as Curative Holding Co. (“Holdings”), XXXXXXXX.XXX, INC., a Delaware corporation (“Ebiocare”), HEMOPHILIA ACCESS, INC., a Tennessee corporation (“Hemophilia Access”), APEX THERAPEUTIC CARE, INC., a California corporation (“Apex”), CHS SERVICES, INC., a Delaware corporation (“CHS”), CURATIVE HEALTH SERVICES CO., a Minnesota corporation formerly known as Curative Health Services, Inc. (“CHSC”), CURATIVE HEALTH SERVICES OF NEW YORK, INC., New York corporation (“CHSNY”), OPTIMAL CARE PLUS, INC., a Delaware corporation (“Optimal Care”), INFINITY INFUSION, LLC, a Delaware limited liability company (“Infinity”), INFINITY INFUSION II, LLC, a Delaware limited liability company (“Infinity II”), INFINITY INFUSION CARE, LTD., a Texas limited partnership (“Infinity Infusion”), MEDCARE, INC., a Delaware corporation (“Medcare”), CURATIVE PHARMACY SERVICES, INC., a Delaware corporation (“CPS”), CRITICAL CARE SYSTEMS, INC., a Delaware corporation (“CCS”), any Additional Borrowers that hereafter may from time to time become a party hereto pursuant to Section 2.16 hereof (Holdings, Ebiocare, Hemophilia Access, Apex, CHS, CHSNY, CHSC, Optimal Care, Infinity, Infinity II, Infinity Infusion, Medcare, CPS, CCS and such Additional Borrowers are sometimes collectively referred to herein as the “Borrowers” and individually as a “Borrower”), the Lenders listed on the signature pages hereof, and GENERAL ELECTRIC CAPITAL CORPORATION, as Agent.
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Debtor-in-Possession. Prior to the entry of the Sale Order, during the pendency of the Bankruptcy Case, Seller shall continue to operate its business as a debtor in possession pursuant to the Bankruptcy Code.
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Debtor-in-Possession. If such a Member becomes a debtor-in-possession under Chapter 11 of the U.S. Bankruptcy Code, such change shall not alone be deemed a disposition, transfer, or modification, however, shifts in interest pursuant to any plan of reorganization or other transaction or event may be such a disposition, transfer, or modification. If such a disposition, transfer, or modification is pursuant to a plan of reorganization or liquidation approved by the court, the 20% reduction shall not apply in the event the option is exercised. Assignee. Upon breach of this Section 5.08, if the breach is not cured within 30 days of notice of the breach to the breaching Member from the Manager or any Member, the breaching Member shall be dissociated and cease to be a Member and become merely an assignee, whether or not any option provided in this Agreement is exercised or any other remedy or right applies. The Units of such Member shall continue to be subject to the provisions of this Article 5, including the options applicable on the occurrence of any Triggering Event with respect to the person which would then be a former Member treated as an assignee.
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Related to Debtor-in-Possession

  • Parties in Possession Except as disclosed on Exhibit B, there are no parties in possession of any Leased Property or any portion thereof as managers, lessees, tenants at sufferance, or trespassers.

  • DELAY IN POSSESSION If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

  • Mortgagee in Possession Nothing herein contained shall be construed as constituting the Lender a mortgagee-in-possession in the absence of the actual taking of possession of the Premises by the Lender pursuant to this Mortgage.

  • No Mortgagee in Possession Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

  • ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION (a) As part of the consideration for the Indebtedness, Borrower absolutely and unconditionally assigns and transfers to Lender all Rents. It is the intention of Borrower to establish a present, absolute and irrevocable transfer and assignment to Lender of all Rents and to authorize and empower Lender to collect and receive all Rents without the necessity of further action on the part of Borrower. Promptly upon request by Lender, Borrower agrees to execute and deliver such further assignments as Lender may from time to time require. Borrower and Lender intend this assignment of Rents to be immediately effective and to constitute an absolute present assignment and not an assignment for additional security only. For purposes of giving effect to this absolute assignment of Rents, and for no other purpose, Rents shall not be deemed to be a part of the Mortgaged Property. However, if this present, absolute and unconditional assignment of Rents is not enforceable by its terms under the laws of the Property Jurisdiction, then the Rents shall be included as a part of the Mortgaged Property and it is the intention of the Borrower that in this circumstance this Instrument create and perfect a lien on Rents in favor of Lender, which lien shall be effective as of the date of this Instrument.

  • TERM; POSSESSION The Term of this Lease shall commence on the Commencement Date and shall end on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.

  • No liability as mortgagee in possession Neither the Security Agent nor any Receiver will be liable, by reason of entering into possession of a Security Asset, to account as mortgagee in possession or for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable.

  • Quiet Possession Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease.

  • Debtor-Creditor Relationship The relationship between the Lenders and Agent, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor. No member of the Lender Group has (or shall be deemed to have) any fiduciary relationship or duty to any Loan Party arising out of or in connection with the Loan Documents or the transactions contemplated thereby, and there is no agency or joint venture relationship between the members of the Lender Group, on the one hand, and the Loan Parties, on the other hand, by virtue of any Loan Document or any transaction contemplated therein.

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