Disclosure Statement and Plan of Reorganization Sample Clauses

Disclosure Statement and Plan of Reorganization. File with the Bankruptcy Court the disclosure statement (with a the Reorganization Plan attached as an exhibit thereto) in substantially the form described in the term sheet delivered by the Borrower and accepted by the Lender describing such Reorganization Plan for all of the Cases, in each case on terms satisfactory to the Lender and obtain approval of such disclosure statement and confirmation of the Reorganization Plan on or prior to December 31, 2005.”
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Disclosure Statement and Plan of Reorganization. The Debtors shall file a disclosure statement, if required, and proposed plan of reorganization in the bankruptcy cases consistent with the terms of this Agreement and the Consulting Agreement, all in form and substance reasonably acceptable to Buyer, on or before 35 days after commencement of the first bankruptcy case.
Sample 1
Disclosure Statement and Plan of Reorganization. The Disclosure Statement and Plan of Reorganization (together with all exhibits and other attachments thereto, as any of the foregoing has been amended, modified or supplemented prior to the date hereof, collectively, the “Plan Documents”) shall not have been amended, modified or supplemented or any of the terms and conditions thereof waived, in each case in a manner materially adverse to the Lenders without the consent of Agent. The Bankruptcy Court shall have entered the Confirmation Order confirming the Plan of Reorganization, and all conditions precedent (other than the effectiveness of the financing contemplated under the Term Loan Credit Agreement and under this Agreement) to the effectiveness of the Plan of Reorganization shall have been satisfied (or waived with the consent of Agent with respect to any waiver that is, in the reasonable judgment of Agent, adverse in any material respect to the rights or interests of the Lenders). No motion, action or proceeding shall be pending against any Credit Party or any of their Subsidiaries by any creditor or other party in interest which materially and adversely affects or may reasonably be expected to materially and adversely affect the Plan of Reorganization or the Loans.
Sample 1
Disclosure Statement and Plan of Reorganization. The Debtors shall: (a) deliver to the Lender a draft disclosure statement and plan of reorganization within ninety (90) days after the Petition Date, (b) file a disclosure statement and a plan of reorganization with the Bankruptcy Court, which disclosure statement and plan shall be acceptable to the Lender in all respects in its sole and absolute discretion, within one hundred twenty (120) days after the Petition Date; (c) obtain court approval of a disclosure statement in form and substance acceptable to the Lender in all respects in its sole and absolute discretion within one hundred fifty (150) days after the Petition Date; and (d) confirm a plan acceptable to the Lender in all respects in its sole and absolute discretion within one hundred eighty (180) days after the Petition Date, unless the preceding dates set forth in clauses (a), (b), (c) and (d) of this Section are extended by the Lender in the exercise of its sole and absolute discretion.
Sample 1
Disclosure Statement and Plan of Reorganization. The Disclosure Statement and Plan of Reorganization is true, accurate and complete, is not misleading in any material respect and does not misstate any material information or omit any material information required to make the statements made not misleading. The terms and conditions of the Disclosure Statement and Plan of Reorganization are incorporated here by reference and if there is a conflict between the Disclosure Statement and Plan of Reorganization and this Agreement, the terms and conditions of the Plan of Reorganization shall govern. Exchangors represent that any information provided to Acquiror which shall be included in the Disclosure Statement and Plan of Reorganization is true, accurate and complete, is not misleading in any material respect and does not misstate any material information or omit any material information required to make the statements made not misleading.
Sample 1
Disclosure Statement and Plan of Reorganization. File with the Bankruptcy Court the disclosure statement (with a plan of reorganization attached as an exhibit thereto) for all of the Cases, in each case on terms satisfactory to the Administrative Agent, on or prior to December 31, 2002, and receive approval of the Bankruptcy Court of such disclosure statement a (with a plan of reorganization attached as an exhibit thereto) on or prior to March 15, 2003.
Sample 1
Disclosure Statement and Plan of Reorganization. The Credit Agreement is amended by deleting the current version of Section 6.22 in its entirety and substituting the following in lieu thereof:
Sample 1
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Related to Disclosure Statement and Plan of Reorganization

  • Plan of Reorganization (a) If, in any Insolvency Proceeding involving a Grantor, debt obligations of the reorganized debtor secured by Liens upon any property of the reorganized debtor are distributed pursuant to a plan of reorganization or similar dispositive restructuring plan, both on account of First Lien Obligations and on account of Second Lien Obligations, then, to the extent the debt obligations distributed on account of the First Lien Obligations and on account of the Second Lien Obligations are secured by Liens upon the same property, the provisions of this Agreement will survive the distribution of such debt obligations pursuant to such plan and will apply with like effect to the Liens securing such debt obligations.

  • Disclosure Statement A disclosure statement of the Property signed and dated by the Seller;

  • AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (the "Agreement") is made and entered into as of May 15, 1997, by and between XXXXX BANKCORP, INC. ("TARGET"), a corporation organized and existing under the laws of the State of Georgia, with its principal office located in Ocilla, Georgia, and ABC BANCORP ("PURCHASER"), a corporation organized and existing under the laws of the State of Georgia, with its principal office located in Moultrie, Georgia. PREAMBLE -------- Certain terms used in this Agreement are defined in Section 10.1 hereof. The Boards of Directors of TARGET and PURCHASER are of the opinion that the transactions described herein are in the best interests of TARGET and PURCHASER and their respective shareholders. This Agreement provides for the combination of TARGET with PURCHASER pursuant to the merger of TARGET with and into PURCHASER, as a result of which the outstanding shares of the capital stock of TARGET shall be converted into the right to receive shares of common stock of PURCHASER (except as provided herein), and the shareholders of TARGET shall become shareholders of PURCHASER (except as provided herein). The transactions described in this Agreement are subject to the approvals of the shareholders of TARGET, the Board of Governors of the Federal Reserve System, the Georgia Department of Banking and Finance and the satisfaction of certain other conditions described in this Agreement. It is the intention of the parties to this Agreement that the Merger for federal income tax purposes shall qualify as a "reorganization" within the meaning of Section 368(a) of the Internal Revenue Code. Simultaneous with the Closing of the Merger, The Bank of Ocilla, a wholly- owned Georgia state bank subsidiary of TARGET, will be merged with and into The Citizens Bank of Tifton ("Citizens Bank"), a wholly-owned Georgia state bank subsidiary of PURCHASER, and will thereafter be operated as a branch of Citizens Bank.

  • Risk Disclosure Statement Counterparty represents and warrants that it has received, read and understands the OTC Options Risk Disclosure Statement provided by Dealer and a copy of the most recent disclosure pamphlet prepared by The Options Clearing Corporation entitled “Characteristics and Risks of Standardized Options”.

  • Effect of Reorganization Etc The purchase price per Share and similar provisions in this Agreement shall be equitably adjusted to reflect any stock split, subdivision, stock dividend, extraordinary dividend or dividends or other reclassification, consolidation or a combination of Andina´s voting securities or any similar action or transaction which occurs after the date of this Agreement.

  • The Merger Agreement The following is a summary of material terms of the Merger Agreement. This summary is not a complete description of the terms and conditions thereof and is qualified in its entirety by reference to the full text thereof, which is incorporated herein by reference and a copy of which has been filed with the SEC as an exhibit to Schedule TO. The Merger Agreement may be examined, and copies thereof may be obtained, as set forth in Section 8 above.

  • Bankruptcy Court Approval (a) Sellers shall use all commercially reasonable efforts to obtain Bankruptcy Court approval of the Sale Order which, among other things, will contain findings of fact and conclusions of law (i) finding that this Agreement was proposed by the parties in good faith and represents the highest and best offer for the Purchased Assets; (ii) finding that Purchaser is a good faith purchaser under Section 363(m) of the Bankruptcy Code and that the provisions of Section 363(n) of the Bankruptcy Code have not been violated; (iii) authorizing and directing Sellers to consummate the transaction contemplated by this Agreement and sell only the Purchased Assets to Purchaser pursuant to this Agreement and Sections 363 and 365 of the Bankruptcy Code, free and clear of all Encumbrances (including any and all “interests” in the Purchased Assets within the meaning of Section 363(f) of the Bankruptcy Code), other than the Assumed Liabilities and the Permitted Encumbrances, such that Purchaser shall not incur any liability as a successor to the Business; (iv) authorizing and directing Sellers to execute, deliver, perform under, consummate and implement, this Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the foregoing; (v) finding that Purchaser is not a successor in interest to Sellers or otherwise liable for any Retained Liability, (vi) finding that Purchaser’s acquisition of the Purchased Assets and assumption of the Assumed Liabilities does not reflect a significant continuity of the business of Sellers and permanently enjoins each and every holder of a Retained Liability from commencing, continuing or otherwise pursuing or enforcing any remedy, claim or cause of action against Purchaser relative to such Retained Liability; (vii) finding that the sale of the Purchased Assets does not constitute a sub xxxx plan of reorganization; and (viii) directing Sellers, at the direction of the Purchaser, to immediately consummate the sale of the Purchased Assets without awaiting the expiration of any applicable time period for appealing the Sale Order.

  • Plan of Merger This Agreement shall constitute an agreement of merger for purposes of the DGCL.

  • Interim Order The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:

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