Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 16 contracts
Samples: Restructuring Support Agreement (Lannett Co Inc), Restructuring Support Agreement (Avaya Holdings Corp.), Plan Support Agreement (Hertz Corp)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 11 contracts
Samples: Subscription Agreement (5E Advanced Materials, Inc.), Ascena Retail (Ascena Retail Group, Inc.), Plan Support Agreement
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (QualTek Services Inc.), Voting and Support Agreement (HighPoint Resources Corp), Agreement and Plan of Merger (HighPoint Resources Corp)
Elimination of Vacant Classes. Any Class of Claims or Interests that does is not have a Holder occupied as of the commencement of the Confirmation Hearing by an Allowed Claim or Allowed Interest a claim temporarily allowed under Bankruptcy Rule 3018, or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing to which no vote is cast, shall be deemed eliminated from the this Plan for purposes of voting to accept or reject the this Plan and for purposes of determining acceptance or rejection of the this Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Superior Energy Services Inc), Restructuring Support Agreement (Superior Energy Services Inc)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court in an amount greater than zero as of the date of the Confirmation Hearing shall be deemed eliminated from the Prepackaged Plan for purposes of voting to accept or reject the Prepackaged Plan and for purposes of determining acceptance or rejection of the Prepackaged Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 2 contracts
Samples: Restructuring Support Agreement (View, Inc.), Contingent Value Rights Agreement (Akumin Inc.)
Elimination of Vacant Classes. Any Class of Claims or Equity Interests that does is not have a Holder populated as of the commencement of the Confirmation Hearing by an Allowed Claim or Allowed Interest Equity Interest, or a Claim or Equity Interest that is temporarily Allowed by the allowed under Bankruptcy Court as of the date of the Confirmation Hearing Rule 3018, shall be deemed eliminated from the Plan for purposes of of: (a) voting to accept or reject the Plan Plan; and for purposes of (b) determining the acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (DENVER PARENT Corp)
Elimination of Vacant Classes. Any Class of Claims or Interests that does is not have a Holder occupied as of the commencement of the Combined Hearing by an Allowed Claim or Allowed Interest a claim temporarily allowed under Bankruptcy Rule 3018, or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing to which no vote is cast, shall be deemed eliminated from the this Plan for purposes of voting to accept or reject the this Plan and for purposes of determining acceptance or rejection of the this Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Sundance Energy Inc.)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Combined Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to Bankruptcy Code section 1129(a)(8) of the Bankruptcy Code).
Appears in 1 contract
Samples: Intercreditor Agreement (CURO Group Holdings Corp.)
Elimination of Vacant Classes. Any Class of Claims or Interests that does is not have a Holder occupied as of the commencement of the Combined Hearing by an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the under Bankruptcy Court Rule 3018, or as of the date of the Confirmation Hearing to which no vote is cast, shall be deemed eliminated from the this Plan for purposes of voting to accept or reject the this Plan and for purposes of determining acceptance or rejection of the this Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest Interest, or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing Hearing, shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Whiting Petroleum Corp)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Magnum Hunter Resources Corp)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court solely for voting purposes as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan solely for purposes of (i) voting to accept or reject the Plan and for purposes of (ii) determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest Existing Interest, or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing Hearing, shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Parker Drilling Co /De/)
Elimination of Vacant Classes. Any Class of Claims or Equity Interests that does not have a Holder of an Allowed Claim or Allowed Equity Interest or a Claim or Equity Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Combined Hearing shall be deemed eliminated from the this Plan for purposes of voting to accept or reject the this Plan and for purposes of determining acceptance or rejection of the this Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.. E.
Appears in 1 contract
Samples: Appgate, Inc.
Elimination of Vacant Classes. Any Class of Claims or Interests that does is not have a occupied as of the date of commencement of the Confirmation Hearing by the Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by under Bankruptcy Rule 3018 (i.e., no Ballots are cast in a Class entitled to vote on the Bankruptcy Court as of the date of the Confirmation Hearing Plan) shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance acceptances or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Starry Group Holdings, Inc.)
Elimination of Vacant Classes. Any Class of Claims or Interests that does is not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court occupied as of the date of the Confirmation Hearing by the Holder of an Allowed Claim or a Claim temporarily Allowed under Bankruptcy Rule 3018 (i.e., no ballots are cast in a Class entitled to vote on the Plan) shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance acceptances or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Global Brokerage, Inc.)
Elimination of Vacant Classes. β Any Class of Claims or Interests that (a) does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing or (b) is entitled to vote on the Plan but with respect to which no Ballots are cast or no Ballots are deemed to be cast, shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Elimination of Vacant Classes. Any Class of Claims or Interests (c) that does not have a Holder holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Plan Support Agreement
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the commencement of the Confirmation Hearing shall be deemed eliminated from the this Plan for purposes of voting to accept or reject the this Plan and for purposes of determining acceptance or rejection of the this Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Backstop and Private Placement Agreement (Diamond Offshore Drilling, Inc.)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court in an amount greater than zero as of the date of the Confirmation Hearing shall be considered vacant and deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ion Geophysical Corp)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of an Allowed Claim or Allowed Interest Claim, or a Claim or Interest temporarily Allowed by the Bankruptcy Court in an amount greater than zero as of the date of the Confirmation Hearing Hearing, shall be considered vacant and deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to Bankruptcy Code section 1129(a)(8) of the Bankruptcy Code).
Appears in 1 contract
Samples: Restructuring Support Agreement (Martin Midstream Partners L.P.)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder of contain an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Petroquest Energy Inc)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Novelion Therapeutics Inc.)
Elimination of Vacant Classes. Any Class of Claims or Interests that does not have a Holder holder of an Allowed Claim or Allowed Interest or a Claim or Interest temporarily Allowed by the Bankruptcy Court as of the date of the Confirmation Hearing Hearing, shall be deemed eliminated from the Plan for purposes of voting to accept or reject the Plan and for purposes of determining acceptance or rejection of the Plan by such Class pursuant to section 1129(a)(8) of the Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ultra Petroleum Corp)