Common use of PROPOSED CHAPTER 11 SALE PURSUANT TO PLAN Clause in Contracts

PROPOSED CHAPTER 11 SALE PURSUANT TO PLAN. SALE OF ASSETS OF The proposed Plan contemplates (a) a sale (the "LENOX SALE") LENOX BUSINESS to the Term Loan Lenders of all or substantially all of the PURSUANT TO A assets of (i) the Lenox Business (as defined below) and CHAPTER 11 PLAN(1) (ii) the D56 Business (as defined below) that is remaining at the time of the Closing (as defined below), and (b) the subsequent disposition by the Term Loan Lenders of certain remaining portions of the D56 Business in accordance with the D56 Scale Down (as defined below) or as otherwise determined by New Lenox. The assets of the Lenox Business and the D56 Business to be purchased by the Term Loan Lenders (the "PURCHASED ASSETS") shall include all the assets of the Lenox Business and the D56 Business as of the Closing Date other than rejected contracts and any other assets or liabilities of either business designated as excluded assets by the Term Loan Lenders at least 10 days prior to the Effective Date.

PROPOSED CHAPTER 11 SALE PURSUANT TO PLAN. SALE OF ASSETS OF The proposed Plan contemplates (a) a sale (the "LENOX LENOX BUSINESS SALE") LENOX BUSINESS to the Term Loan Lenders of all or substantially PURSUANT TO A all of the PURSUANT TO A assets of (i) the Lenox Business (as defined below) and CHAPTER 11 PLAN(1) below) and (ii) the D56 Business (as defined below) that is remaining at the time of the Closing (as defined below), and (b) the subsequent disposition by the Term Loan Lenders of certain remaining portions of the D56 Business in accordance with the D56 Scale Down (as defined below) or as otherwise determined by New Lenox. The assets of the Lenox Business and the D56 Business to be purchased by the Term Loan Lenders (the "PURCHASED ASSETS") shall include all the assets of the Lenox Business and the D56 Business as of the Closing Date other than rejected contracts and any other assets or liabilities of either business designated as excluded assets by the Term Loan Lenders at least 10 days prior to the Effective Date.