Common use of Disputed Claims Process Clause in Contracts

Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and in light of the Unimpaired status of all Allowed General Unsecured Claims under this Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor and the Holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case had not been commenced except that (unless expressly waived pursuant to this Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. All Proofs of Claim Filed in this Chapter 11 Case shall be considered objected to and Disputed without further action by the Debtor. Upon the Effective Date, all Proofs of Claim Filed against the Debtor, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, shall be deemed withdrawn and expunged, other than as provided below. Notwithstanding anything in this Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there is no requirement to File a Proof of Claim (or move the Bankruptcy Court for Allowance) to be an Allowed Claim under this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 of this Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor or the Reorganized Debtor to a counterparty.

Appears in 5 contracts

Samples: Master Transaction Agreement (Quotient LTD), Royalty Right Agreement (Bracebridge Capital, LLC), Master Transaction Agreement (Honeywell Capital Management LLC)

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Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and in light of the Unimpaired status of all Allowed General Unsecured Claims under this the Plan, except as required by the Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor Debtors and the Holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case Cases had not been commenced except that (unless expressly waived pursuant to this the Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable, and the Court shall retain jurisdiction to adjudicate Disputed Claim matters. All Proofs of Claim Filed filed in this these Chapter 11 Case Cases shall be considered objected to and Disputed without further action by the DebtorDebtors. Upon the Effective DateDate and in light of the Unimpaired status of all Allowed General Unsecured Claims under the Plan, all Proofs of Claim Filed filed against the DebtorDebtors, regardless of the time of filing, and including Proofs of Claim Filed filed after the Effective Date, shall be deemed withdrawn and expunged, other than as provided below. Notwithstanding anything in this Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks Debtors seek to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there is no requirement to File a Proof of Claim or Proof of Interest (or move the Bankruptcy Court for Allowanceallowance) to be an Allowed Claim or Allowed Interest, as applicable, under this the Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 Article V.C of this the Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor Debtors or the Reorganized Debtor Debtors to a counterparty. Except as otherwise provided herein, all Proofs of Claim filed after the Effective Date shall be disallowed and forever barred, estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtors or any further notice to or action, order, or approval of the Court.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (HighPoint Resources Corp), Registration Rights Agreement (Bonanza Creek Energy, Inc.), Voting and Support Agreement (HighPoint Resources Corp)

Disputed Claims Process. Notwithstanding section 502(a) Except as otherwise provided herein, if a party Files a Proof of Claim and the Bankruptcy CodeDebtors or the Reorganized Debtors, as applicable, do not determine, and in light without the need for notice to or action, order, or approval of the Unimpaired status of all Allowed General Unsecured Claims under this Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor and the Holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case had not been commenced except that (unless expressly waived pursuant to this Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. All Proofs of Claim Filed in this Chapter 11 Case shall be considered objected to and Disputed without further action by the Debtor. Upon the Effective Date, all Proofs of Claim Filed against the Debtor, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, shall be deemed withdrawn and expunged, other than as provided below. Notwithstanding anything in this Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, that the Claim subject to such Proof of Claim is Allowed, such Claim shall be Disputed unless Allowed or disallowed by a Final Order or as otherwise set forth in all cases be determined by this Article VII of the Bankruptcy CourtPlan. For the avoidance of doubt, there is no requirement to File a Proof of Claim (or move the Bankruptcy Court for Allowanceallowance) to be an Allowed Claim under this the Plan. Notwithstanding Except as otherwise provided herein, all Proofs of Claim Filed after the foregoingClaims Bar Date shall be disallowed and forever barred, Entities must File Cure Claim Amount objections as set forth in Section 6.2 of this Plan estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtors or any further notice to the extent such Entity disputes the amount or action, order, or approval of the Cure Bankruptcy Court. On or after the Effective Date, a Claim Amount paid may not be Filed or proposed to be paid by amended without the Debtor prior authorization of the Bankruptcy Court or the Reorganized Debtor to a counterpartyDebtors, and any such new or amended Claim Filed shall be deemed disallowed in full and expunged without any further action, order, or approval of the Bankruptcy Court.

Appears in 2 contracts

Samples: Stipulation, and Joinder Agreement (Seadrill LTD), www.sec.gov

Disputed Claims Process. Notwithstanding section 502(aThere is no requirement to file a Proof of Claim (or move the Bankruptcy Court for allowance) to have a Claim Allowed for the purposes of the Bankruptcy CodePlan, and except as provided in light Article V.B of the Unimpaired status of all Allowed General Unsecured Claims under Plan. On and after the Effective Date, except as otherwise provided in this Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor and the Holders of all Allowed Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims be satisfied in the ordinary course of business of the Reorganized Debtors. The Debtors and the Reorganized Debtors, as applicable, shall have the exclusive authority to (1) determine, without the need for notice to or action, order, or approval of the Bankruptcy Court, that a claim subject to any Proof of Claim that is Filed is Allowed and (2) file, settle, compromise, withdraw, or litigate to judgment any objections to Claims as permitted under this Plan. If the Debtors or Reorganized Debtors dispute any Claim, such dispute shall be determined, resolved, or adjudicated, as the case may be, in the manner as if the Chapter 11 Case Cases had not been commenced except and shall survive the Effective Date as if the Chapter 11 Cases had not been commenced; provided that the Debtors (unless in consultation with the Required Consenting Stakeholders) or the Reorganized Debtors may elect to object to any Claim (other than Claims expressly waived pursuant to Allowed by this Plan) and to have the Allowed validity or amount of such Claims shall be subject to the limitations or maximum amounts permitted any Claim adjudicated by the Bankruptcy CodeCourt; provided, including sections 502 and 503 further, that Holders of Claims may elect to resolve the validity or amount of any Claim in the Bankruptcy CodeCourt. If a Holder makes such an election, to the extent applicableBankruptcy Court shall apply the law that would have governed the dispute if the Chapter 11 Cases had not been filed. All Proofs of Claim Filed in this the Chapter 11 Case Cases shall be considered objected to and Disputed without further action by the DebtorDebtors. Upon the Effective DateExcept as otherwise provided herein, all Proofs of Claim Filed against the Debtor, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, Date shall be deemed withdrawn disallowed and expungedforever barred, other than as provided below. Notwithstanding anything in this Plan estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtors or any further notice to the contraryor action, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 order, or approval of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there is no requirement to File a Proof of Claim (or move the Bankruptcy Court for Allowance) to be an Allowed Claim under this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 of this Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor or the Reorganized Debtor to a counterparty.

Appears in 1 contract

Samples: Restructuring Support Agreement (Lannett Co Inc)

Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and in light of the Unimpaired status of all Allowed Non-HoldCo General Unsecured Claims under this the Plan and as otherwise required by the Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor Debtors and the Holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case Cases had not been commenced except that (unless expressly waived pursuant to this the Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. All Proofs of Claim Filed in this these Chapter 11 Case Cases shall be considered objected to and Disputed without further action by the DebtorDebtors. Upon the Effective Date, all Proofs of Claim Filed against the DebtorDebtors, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, shall be deemed withdrawn and expunged, other than as provided below. Notwithstanding anything in this Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks Debtors seek to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there is no requirement to File a Proof of Claim (or move the Bankruptcy Court for Allowanceallowance) to be an Allowed Claim, as applicable, under the Plan, except to the extent a Claim under this Plan. arises on account of rejection of an Executory Contract or Unexpired Lease in accordance with Article Article V.C. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 Article V.D of this the Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor Debtors or the Reorganized Debtor Debtors to a counterparty. Except as otherwise provided herein, all Proofs of Claim Filed after the Effective Date shall be disallowed and forever barred, estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtors or any further notice to or action, order, or approval of the Bankruptcy Court.

Appears in 1 contract

Samples: Restructuring Support Agreement (Avaya Holdings Corp.)

Disputed Claims Process. Notwithstanding section 502(aThere is no requirement to file a Proof of Claim (or move the Bankruptcy Court for allowance) to have a Claim Allowed for the purposes of the Bankruptcy CodePlan, and except as provided in light Article V.B of the Unimpaired status of all Allowed General Unsecured Claims under Plan. On and after the Effective Date, except as otherwise provided in this Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor and the Holders of all Allowed Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims be satisfied in the ordinary course of business of the Reorganized Debtors as if the Chapter 11 Case Cases had not been commenced commenced, except that (unless expressly waived pursuant to this the Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. The Debtors, in consultation with the Required Consenting Parties, as applicable, shall have the exclusive authority to (i) determine, without the need for notice to or action, order, or approval of the Bankruptcy Court, that a claim subject to any Proof of Claim that is Filed is Allowed and (ii) file, settle, compromise, withdraw, or litigate to judgment any objections to Claims as permitted under this Plan. If the Debtors or Reorganized Debtors dispute any Claim, such dispute shall be determined, resolved, or adjudicated, as the case may be, in the manner as if the Chapter 11 Cases had not been commenced and shall survive the Effective Date as if the Chapter 11 Cases had not been commenced; provided, that the Debtors, in consultation with the Required Consenting Parties, or the Reorganized Debtors may elect, at their sole option, to object to any Claim (other than Claims expressly Allowed by this Plan) and to have the validity or amount of any Claim adjudicated by the Bankruptcy Court. All Proofs of Claim Filed in this the Chapter 11 Case Cases shall be considered objected to and Disputed without further action by the DebtorDebtors. Upon the Effective DateExcept as otherwise provided herein, all Proofs of Claim Filed against the Debtor, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, Date shall be deemed withdrawn disallowed and expungedforever barred, other than as provided below. Notwithstanding anything in this Plan estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtors or any further notice to the contraryor action, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 order, or approval of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there is no requirement to File a Proof of Claim (or move the Bankruptcy Court for Allowance) to be an Allowed Claim under this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 of this Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor or the Reorganized Debtor to a counterparty.

Appears in 1 contract

Samples: Subscription Agreement (5E Advanced Materials, Inc.)

Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and in In light of the Unimpaired status of all Allowed General Unsecured Claims under this the Prepackaged Plan, Holders there is no requirement to file a Proof of Claims need not File Proofs Claim (or move the Bankruptcy Court for allowance) to have a Claim Allowed for the purposes of Claimthe Prepackaged Plan, except as provided in Article V.B of the Prepackaged Plan or Article V.C with respect to a Cure amount, and the Debtors or the Reorganized Debtor and Debtors, as applicable, (with the Holders consent of Claims the Required Consenting Creditors) shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case Cases had not been commenced (and no approval or authority from the Bankruptcy Court shall be required) except that (unless expressly waived pursuant to this the Prepackaged Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. On and after the Effective Date, except as otherwise provided in this Prepackaged Plan, all Allowed Claims shall be satisfied in the ordinary course of business by the Reorganized Debtors. The Debtors and/or the Reorganized Debtors, as applicable, (with the consent of the Required Consenting Creditors) shall have the exclusive authority to (i) determine, without the need for notice to or action, order, or approval of the Bankruptcy Court, that a claim subject to any Proof of Claim that is Filed is Allowed and (ii) file, settle, compromise, withdraw, or litigate to judgment any objections to Claims as permitted under this Prepackaged Plan. If the Debtors or Reorganized Debtors dispute any Claim, such dispute shall be determined, resolved, or adjudicated, as the case may be, in the manner as if the Chapter 11 Cases had not been commenced and shall survive the Effective Date as if the Chapter 11 Cases had not been commenced; provided that the Debtors or Reorganized Debtors may elect, at their sole option, to object to any Claim (other than Claims expressly Allowed by this Prepackaged Plan) and to have the validity or amount of any Claim adjudicated by the Bankruptcy Court; provided further that holders of Claims may elect to resolve the validity or amount of any Claim in the Bankruptcy Court. All Proofs of Claim Filed in this the Chapter 11 Case Cases shall be considered deemed objected to and Disputed without further action by the DebtorDebtors. Upon the Effective Date, all Proofs of Claim Filed filed against the DebtorDebtors, regardless of the time of filing, and including Proofs of Claim Filed filed after the Effective Date, shall be deemed withdrawn and expunged, other than except as otherwise provided belowherein. Notwithstanding anything in this Prepackaged Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks Debtors seek to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubtExcept as otherwise provided herein, there is no requirement to File a Proof all Proofs of Claim (Filed after the Effective Date shall be disallowed and forever barred, estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor without the need for any objection by the Reorganized Debtors or move any further notice to or action, order, or approval of the Bankruptcy Court for Allowance) to be an Allowed Claim under this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 of this Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor or the Reorganized Debtor to a counterpartyCourt.

Appears in 1 contract

Samples: Restructuring Support Agreement (View, Inc.)

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Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and except as otherwise set forth in light of the Unimpaired status of all Allowed General Unsecured Claims under this Plan, Holders holders of Claims need not File Proofs file proofs of ClaimClaim with the Bankruptcy Court, and the Reorganized Debtor Debtors and the Holders holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case Cases had not been commenced except that (unless expressly waived pursuant to this Plan) the Allowed amount commenced. The holders of such Claims shall not be subject to any claims resolution process in the limitations Bankruptcy Court in connection with their Claims and shall retain all their rights under applicable non-bankruptcy law to pursue their Claims against the Debtors or maximum amounts permitted Reorganized Debtors in any forum with jurisdiction over the parties. Except for (i) proofs of Claim asserting damages arising out of the rejection of an executory contract or unexpired lease by any of the Debtors pursuant to section 8.3 of this Plan and (ii) proofs of Claim that have been objected to by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. All Proofs of Claim Filed in this Chapter 11 Case shall be considered objected to and Disputed without further action by the Debtor. Upon Debtors before the Effective Date, all Proofs of Claim Filed against upon the DebtorEffective Date, any filed Claim, regardless of the time of filing, and including Proofs of Claim Filed Claims filed after the Effective Date, shall be deemed withdrawn and expunged, other than as withdrawn. To the extent not otherwise provided below. Notwithstanding anything in this Plan to Plan, the contrary, disputes regarding the amount deemed withdrawal of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there is no requirement to File a Proof proof of Claim (or move the Bankruptcy Court for Allowance) is without prejudice to be an Allowed Claim such claimant’s rights under this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 section 7.1 of this Plan to assert its Claims in any forum as though the extent such Entity disputes Debtors’ Chapter 11 Cases had not been commenced. From and after the amount Effective Date, the Reorganized Debtors may satisfy, dispute, settle, or otherwise compromise any Claim without approval of the Cure Claim Amount paid or proposed to be paid by the Debtor or the Reorganized Debtor to a counterpartyBankruptcy Court.

Appears in 1 contract

Samples: Restructuring Support Agreement (Halcon Resources Corp)

Disputed Claims Process. Notwithstanding section 502(a) After the Effective Date, the Reorganized Debtors shall retain responsibility for administering, disputing, objecting to, compromising, or otherwise resolving all Claims, including, without limitation, full power, authority, and standing to investigate (including through discovery conducted under Bankruptcy Rule 2004), prosecute, compromise, or otherwise resolve any Claim. Holders of Disputed Claims may be subject to the Bankruptcy CodeCourt process to the extent set forth above. On and after the Effective Date, and except as otherwise provided in light of this Plan or the Unimpaired status of Confirmation Order, all Allowed General Unsecured Claims under shall be paid pursuant to this Plan, Holders of Claims need not File Proofs of Claim, Plan and the Reorganized Debtor Confirmation Order and the Holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business of the Reorganized Debtors and shall survive the Effective Date as if the Chapter 11 Case Cases had not been commenced except that (unless expressly waived pursuant commenced, subject to this Plan) any applicable limitations on the Allowed amount allowance of such Claims shall be subject to the limitations or maximum amounts permitted by under the Bankruptcy Code, including sections 502 and 503 of . The Reorganized Debtors may bring Disputed Claims to the Bankruptcy Code, Court prior to the Claims Objection Deadline or allow such Claims to be adjudicated in the applicable state court or other court of competent jurisdiction. To the extent applicable. All Proofs of Claim Filed in this Chapter 11 Case shall be considered objected to and Disputed without further action by the Debtor. Upon the Effective Date, all Proofs of Claim Filed against the Debtor, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, shall be deemed withdrawn and expunged, other than as provided below. Notwithstanding anything in this Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there an Entity is no requirement required to File a Proof of Claim (and the Debtors or move the Bankruptcy Court for Allowance) Reorganized Debtors, as applicable, do not determine that the Claim subject to such Proof of Claim is Allowed, such Claim shall be an Disputed unless Allowed Claim under or Disallowed by a Final Order or as otherwise set forth in this Article VI of this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount file cure objections as set forth in Section 6.2 Article V.C of this Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or cure proposed to be paid by the Debtor Debtors or the Reorganized Debtor Debtors, as applicable. All Proofs of Claim not Filed by the Claims Bar Date, the Administrative Claims Bar Date, or the applicable date set forth in this Plan shall be disallowed and forever barred, estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtors or any further notice to or action, Order, or approval of the Bankruptcy Court, and Holders of such Claims shall not receive any distributions on account of such Claims. Holders of Existing Parent Equity Interests shall not be required to File a counterpartyProof of Claim and any Proof of Claim Filed on account of Existing Parent Equity Interests shall be deemed expunged. Holders of Existing Parent Equity Interests shall receive the treatment as set forth in Article III of this Plan.

Appears in 1 contract

Samples: Backstop and Private Placement Agreement (Diamond Offshore Drilling, Inc.)

Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and in In light of the Unimpaired status of all Allowed General Unsecured Claims under this the Prepackaged Plan, Holders there is no requirement to file a Proof of Claims need not File Proofs Claim (or move the Bankruptcy Court for allowance) to have a Claim Allowed for the purposes of Claimthe Prepackaged Plan, except as provided in Article V.B of the Prepackaged Plan or Article V.C with respect to a Cure amount, and the Debtors, the Reorganized Debtor and Debtors, or the Holders of Claims Post-Effective Date Debtors, as applicable, shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case Cases had not been commenced (and no approval or authority from the Bankruptcy Court shall be required) except that (unless expressly waived pursuant to this the Prepackaged Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable; and provided, that the Debtors, the Reorganized Debtors, or the Post-Effective Date Debtors, as applicable, reserve the right to seek to set a future bar date that may require a Proof of Claim to be filed in the event that a Sale Transaction is pursued (in which case a separate order of the Bankruptcy Court will govern). On and after the Effective Date, except as otherwise provided in this Prepackaged Plan, all Allowed Claims shall be satisfied in the ordinary course of business by the Reorganized Debtors or the Post-Effective Date Debtors, as applicable. The Debtors, the Reorganized Debtors, and/or the Post-Effective Date Debtors, as applicable, shall have the exclusive authority to (i) determine, without the need for notice to or action, order, or approval of the Bankruptcy Court, that a claim subject to any Proof of Claim that is Filed is Allowed and (ii) file, settle, compromise, withdraw, or litigate to judgment any objections to Claims as permitted under this Prepackaged Plan. If the Debtors, Reorganized Debtors, or Post-Effective Date Debtors dispute any Claim, such dispute shall be determined, resolved, or adjudicated, as the case may be, in the manner as if the Chapter 11 Cases had not been commenced and shall survive the Effective Date as if the Chapter 11 Cases had not been commenced; provided that the Debtors, Reorganized Debtors, or Post-Effective Date Debtors may elect, at their sole option, to object to any Claim (other than Claims expressly Allowed by this Prepackaged Plan) and to have the validity or amount of any Claim adjudicated by the Bankruptcy Court; provided further that holders of Claims may elect to resolve the validity or amount of any Claim in the Bankruptcy Court. All Proofs of Claim Filed in this the Chapter 11 Case Cases shall be considered deemed objected to and Disputed without further action by the DebtorDebtors. Upon the Effective Date, all Proofs of Claim Filed filed against the DebtorDebtors, regardless of the time of filing, and including Proofs of Claim Filed filed after the Effective Date, shall be deemed withdrawn and expunged, other than except as otherwise provided belowherein. Notwithstanding anything in this Prepackaged Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks Debtors seek to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubtExcept as otherwise provided herein, there is no requirement to File a Proof all Proofs of Claim (Filed after the Effective Date shall be disallowed and forever barred, estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor or move Post-Effective Date Debtor, as applicable, without the need for any objection by the Reorganized Debtors or Post-Effective Date Debtors, as applicable, or any further notice to or action, order, or approval of the Bankruptcy Court for Allowance) to be an Allowed Claim under this Plan. Notwithstanding the foregoing, Entities must File Cure Claim Amount objections as set forth in Section 6.2 of this Plan to the extent such Entity disputes the amount of the Cure Claim Amount paid or proposed to be paid by the Debtor or the Reorganized Debtor to a counterpartyCourt.

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Akumin Inc.)

Disputed Claims Process. Notwithstanding section 502(a) of the Bankruptcy Code, and in light of the Unimpaired status of all Allowed General Unsecured Claims under this Plan, Holders of Claims need not File Proofs of Claim, and the Reorganized Debtor and the Holders of Claims shall determine, adjudicate, and resolve any disputes over the validity and amounts of such Claims in the ordinary course of business as if the Chapter 11 Case had not been commenced except that (unless expressly waived pursuant to this Plan) the Allowed amount of such Claims shall be subject to the limitations or maximum amounts permitted by the Bankruptcy Code, including sections 502 and 503 of the Bankruptcy Code, to the extent applicable. All Proofs of Claim Filed in this Chapter 11 Case shall be considered objected to and Disputed without further action by the Debtor. Upon the Effective Date, all Proofs of Claim Filed against the Debtor, regardless of the time of filing, and including Proofs of Claim Filed after the Effective Date, shall be deemed withdrawn and expunged, other than as provided below. Notwithstanding anything in this Plan to the contrary, disputes regarding the amount of any Cure Claim Amount pursuant to section 365 of the Bankruptcy Code and Claims that the Debtor seeks to have determined by the Bankruptcy Court, shall in all cases be determined by the Bankruptcy Court. For the avoidance of doubt, there There is no requirement to File file a Proof of Claim (or move the Bankruptcy Court for Allowanceallowance) to have a Claim Allowed for the purposes of the Plan, except as provided in Article V.B of the Plan. On and after the Effective Date, except as otherwise provided in this Plan, all Allowed Claims shall be an satisfied in the ordinary court of business of the Reorganized Debtors. The Debtors and the Reorganized Debtors, as applicable, shall have the exclusive authority to (i) determine, without the need for notice to or action, order, or approval of the Bankruptcy Court, that a claim subject to any Proof of Claim that is Filed is Allowed Claim and (ii) file, settle, compromise, withdraw, or litigate to judgment any objections to Claims as permitted under this Plan. Notwithstanding If the foregoingDebtors or Reorganized Debtors dispute any Claim, Entities must File Cure such dispute shall be determined, resolved, or adjudicated, as the case may be, in the manner as if the Chapter 11 Cases had not been commenced and shall survive the Effective Date as if the Chapter 11 Cases had not been commenced; provided that the Debtors or Reorganized Debtors may elect, at their sole option, to object to any Claim Amount objections as set forth in Section 6.2 of (other than Claims expressly Allowed by this Plan Plan) and to have the extent such Entity disputes the validity or amount of the Cure any Claim Amount paid or proposed to be paid adjudicated by the Debtor Bankruptcy Court; provided, further, that Holders of Claims may elect to resolve the validity or amount of any Claim in the Bankruptcy Court. If a Holder makes such an election, the Bankruptcy Court shall apply the law that would have governed the dispute if the Chapter 11 Cases had not been filed. All Proofs of Claim Filed in the Chapter 11 Cases shall be considered object to and Disputed without further action by the Debtors. Except as otherwise provided herein, all Proofs of Claim Filed after the Effective Date shall be disallowed and forever barred, estopped, and enjoined from assertion, and shall not be enforceable against any Reorganized Debtor, without the need for any objection by the Reorganized Debtor Debtors or any further notice to a counterpartyor action, order, or approval of the Bankruptcy Court.

Appears in 1 contract

Samples: Restructuring Support Agreement (Jones Energy, Inc.)

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