Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to: 1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests; 2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan; 3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired; 4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan; 5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date; 6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code; 7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan; 8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code; 9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan; 10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan; 11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions; 12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan; 13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated; 14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement; 15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein; 16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order; 17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code; 18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan; 19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code; 20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date; 21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 4 contracts
Samples: Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp), Restructuring Support and Forbearance Agreement (CAESARS ENTERTAINMENT Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the TSA, the Merger Agreement, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. resolve any cases, controversies, suits, or disputes that may arise in connection with General Unsecured Claims, including establishment of a bar date, related notice, claim objections, allowance, disallowance, estimation, and distribution;
8. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummationconsummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpationsinjunctions, injunctionsexculpations, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan, the Plan Supplement, or the Disclosure Statement;
1516. enter an order concluding or closing the Chapter 11 Cases;
17. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 2 contracts
Samples: Transaction Support Agreement (HighPoint Resources Corp), Voting and Support Agreement (HighPoint Resources Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, The Plan will provide that the Bankruptcy Court shall retain such jurisdiction over for usual and customary matters. Retained Causes of Action The Reorganized Debtors, as applicable, shall retain all rights to commence and pursue any Causes of Action, other than any Causes of Action that the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized Debtors have released pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption release and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the exculpation provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may Exemption from SEC Registration The issuance of all securities under the Plan will be pending on exempt from SEC registration under applicable law. On the Plan Effective Date;
6, Reorganized Ascena will cease to be a public reporting company. adjudicateConditions Precedent to the Plan Effective Date The following, decideamong others as agreed by the Debtors and the Required Consenting Stakeholders, or resolve any shall be conditions to the Plan Effective Date: 1. The Bankruptcy Court shall have entered the Confirmation Order, which shall: a. be in form and substance consistent with the Restructuring Support Agreement; b. authorize the Debtors to take all matters related actions necessary to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to executeinto, implement, or and consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, leases, indentures, and other agreements or documents created in connection with the Disclosure StatementPlan; c. decree that the provisions in the Confirmation Order and the Plan are nonseverable and mutually dependent; d. authorize the Debtors, as applicable/necessary, to: (a) implement the Restructuring Support Agreements, Transactions; (b) issue the New Common Stock pursuant to the exemption from registration under the Securities Act provided by section 1145 of the Bankruptcy Code or other exemption from such registration or pursuant to one or more registration statements; (c) make all distributions and issuances as required under the Plan;
8. , including cash and the New Common Stock; and (d) enter into any agreements, transactions, and enforce any order for the sale sales of property as set forth in the Plan Supplement, including the Exit Facilities; e. authorize the implementation of the Plan in accordance with its terms; and f. provide that, pursuant to sections 363, 1123, or 1146(a) section 1146 of the Bankruptcy Code;
9. resolve , the assignment or surrender of any caseslease or sublease, controversiesand the delivery of any deed or other instrument or transfer order, suits, disputesin furtherance of, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other ordersincluding any deeds, bills of sale, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments assignments executed in connection with any disposition or transfer of assets contemplated under the Plan;
19, shall not be subject to any stamp, real estate transfer, mortgage recording, or other similar tax; 2. hear the final version of the Plan Supplement and determine matters concerning stateall of the schedules, localdocuments, and federal taxes exhibits contained therein shall have been filed in a manner consistent in all material respects with the Restructuring Support Agreement and the Plan; 3. the Restructuring Support Agreement shall remain in full force and effect and shall not be terminated; 4. the documentation related to the Exit Facilities shall have been duly executed and delivered by all of the Entities that are parties thereto and all conditions precedent (other than any conditions related to the occurrence of the Plan Effective Date) to the effectiveness of the Exit Facilities shall have been satisfied or duly waived in writing in accordance with sections 346the terms of each of the Exit Facilities and the closing of the Exit Facilities shall have occurred; 5. the Debtors shall have obtained all authorizations, 505consents, regulatory approvals, rulings, or documents that are necessary to implement and effectuate the Plan and each of the other transactions contemplated by the Restructuring; 6. all actions, documents, certificates, and 1146 agreements necessary to implement the Plan (including any documents contained in the Plan Supplement) shall have been effected or executed and delivered to the required parties and, to the extent required, filed with the applicable governmental units, in accordance with applicable laws; 7. all professional fees and expenses of retained professionals that require the Bankruptcy Code;
20. hear Court’s approval shall have been paid in full or amounts sufficient to pay such fees and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or expenses after the Effective Date;
21Date shall have been placed in a professional fee escrow account pending the Bankruptcy Court’s approval of such fees and expenses; 8. enforce the injunction, release, all professional fees and Exculpation provisions set forth in Article VIII expenses and of the advisors to the Consenting Stakeholders shall have been paid in full in accordance with the Restructuring Support Agreement; and 9. the Debtors shall have implemented the Restructuring Transactions in a manner consistent with the Restructuring Support Agreement and this Plan;. Waiver of Conditions Precedent to the Plan Effective Date The Debtors, with the prior consent of the Required Consenting Stakeholders, may waive any one or more of the Conditions Precedent to the Plan Effective Date.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Ascena Retail Group, Inc.), Restructuring Support Agreement (Ascena Retail Group, Inc.)
Retention of Jurisdiction. Notwithstanding the entry Pursuant to sections 105(a) and 1142 of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissibleBankruptcy Code, the Bankruptcy Court shall retain such and shall have exclusive jurisdiction over any matter (a) arising under the Bankruptcy Code, (b) arising in or related to the Chapter 11 Cases and all matters arising out of, Case or related to, the Chapter 11 Cases and the Plan, including jurisdiction toor (c) that relates to the following:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim (i) To hear and the resolution of determine any and all objections to motions or applications pending on the Secured Confirmation Date or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, thereafter brought in whole or in part, any applications accordance with Article XI hereof for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, assignment or rejection of any Executory Contract executory contracts or Unexpired Lease unexpired leases to which any of the Debtors is a Debtor is party or with respect to which a Debtor any of the Debtors may be liable in any manner liable, and to hearhear and determine any and all Claims and any related disputes (including, determinewithout limitation, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 the exercise or enforcement of the Bankruptcy Codesetoff or recoupment rights, or rights against any other matter related to such Executory Contract third party or Unexpired Lease; (b) the property of any potential contractual obligation under third party resulting therefrom or from the expiration, termination or liquidation of any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a executory contract or lease is or was executory or expiredunexpired lease);
4. ensure that distributions to Holders of Allowed Claims (ii) To determine any and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, all adversary proceedings, applications, motions, and contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor matters that may be pending on the Effective Date or that, pursuant to the Plan, may be instituted by the Disbursing Agent or the Debtors, as applicable, after the Effective Date;
6. adjudicate(iii) To hear and determine any objections to the allowance of Claims, decidewhether filed, asserted, or resolve made before or after the Effective Date, including, without express or implied limitation, to hear and determine any objections to the classification of any Claim and all matters related to allow, disallow or estimate any Contested Claim in whole or in part;
(iv) To issue such orders in aid of execution of the Plan to the extent authorized or contemplated by section 1141 1142 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary (v) To consider any modifications of the Plan, remedy any defect or appropriate to execute, implementomission, or consummate the provisions reconcile any inconsistency in any order of the Plan andBankruptcy Court, subject to any applicable forum selection clausesincluding, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statementwithout limitation, the Restructuring Support Agreements, or the PlanConfirmation Order;
8. enter (vi) To hear and enforce determine all Fee Applications and applications for allowances of compensation and reimbursement of any order for other fees and expenses authorized to be paid or reimbursed under the sale of property pursuant to sections 363, 1123, Plan or 1146(a) of the Bankruptcy Code;
9. resolve any cases, (vii) To hear and determine all controversies, suits, disputesand disputes that may relate to, impact upon, or Causes arise in connection with the Plan, the Plan Documents or their interpretation, implementation, enforcement, or consummation;
(viii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or arise in connection with the Confirmation Order (and all exhibits to the Plan) or its interpretation, implementation, enforcement, or consummation;
(ix) To the extent that Bankruptcy Court approval is required, to consider and act on the compromise and settlement of any Claim or Cause of Action by, on behalf of, or against any Estate;
(x) To determine such other matters that may be set forth in the Plan, or the Confirmation Order, or that may arise in connection with the Consummation, interpretationPlan, or enforcement the Confirmation Order;
(xi) To hear and determine matters concerning state, local, and federal taxes, fines, penalties, or additions to taxes for which the Reorganized GSI Entities, the Debtors, the Debtors in Possession, or the Disbursing Agent may be liable, directly or indirectly, in accordance with sections 346, 505, and 1146 of the Plan Bankruptcy Code;
(xii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or any Entity’s obligations incurred arise in connection with any setoff and/or recoupment rights of the Debtors or any Person under the Plan;
10. (xiii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or arise in connection with Causes of Action of the Debtors (but excluding Avoidance Actions) commenced by the Disbursing Agent, the Debtors or any third parties, as applicable, before or after the Effective Date;
(xiv) To enter an order or final decree closing the Chapter 11 Case;
(xv) To issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity Person with Consummation consummation, implementation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. (xvi) To enter any and all appropriate orders necessary to effectuate and otherwise enforce the Disclosure Statement Order and the Confirmation Order; and
(xvii) To hear and determine requests for the payment of Claims any other matters related hereto and Interests entitled to priority pursuant to section 507 of not inconsistent with the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;.
Appears in 2 contracts
Samples: Noteholder Restructuring Plan Support Agreement, Noteholder Restructuring Plan Support Agreement (Gsi Group Inc)
Retention of Jurisdiction. Notwithstanding Pursuant to sections 105(c) and 1142 of the Bankruptcy Code and notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, the Bankruptcy Court shall, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all Persons and Entities with respect to all matters arising out of, or related to, to the Chapter 11 Cases Cases, the Debtors and the Planthis Plan as legally permissible, including including, without limitation, jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Equity Interest, including including, without limitation, the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, priority of any such Claim or allowance of Claims or InterestsEquity Interest;
2. decide and resolve all matters related to the granting and denying, in whole grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or this Plan, for periods ending on or before the PlanEffective Date; provided, however, that, from and after the Effective Date, the Reorganized Debtors may pay Professionals in the ordinary course of business for any work performed after the Effective Date and such payment shall not be subject to the approval of the Bankruptcy Court;
3. resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, adjudicate and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Codeincluding, or any other matter without limitation, those matters related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, amendment to this Plan after the Effective Date, pursuant Date to Article V add Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease Schedule; and Leases to be assumed or rejected (d) any dispute regarding whether a contract or lease is or was executory or expiredas applicable);
4. resolve any issues related to any matters adjudicated in the Chapter 11 Cases;
5. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the this Plan;
56. adjudicate, decide, decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other mattersCauses of Action that are pending as of the Effective Date or that may be commenced in the future, and grant or deny any applications involving a Debtor the Debtors that may be pending on the Effective Date or instituted by the Reorganized Debtors after the Effective Date;
6. adjudicate, decideprovided, or resolve any however, that the Reorganized Debtors shall reserve the right to commence actions in all appropriate forums and all matters related to section 1141 of the Bankruptcy Codejurisdictions;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the this Plan and, subject to any applicable forum selection clauses, and all other contracts, instruments, releases, indentures, indentures and other agreements or documents created adopted in connection with this Plan, the Plan Supplement or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummation, interpretation, interpretation or enforcement of the this Plan or any Person or Entity’s obligations incurred in connection with this Plan;
9. hear and determine all Causes of Action that are pending as of the PlanEffective Date or that may be commenced in the future;
10. issue injunctionsinjunctions and enforce them, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Person or Entity with Consummation or enforcement of the this Plan;
11. resolve any casesenforce the terms and conditions of this Plan, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, ExculpationsConfirmation Order, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisionsRestructuring Documents;
12. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes with respect to the repayment Release, the Exculpation, the indemnification and other provisions contained in Article X hereof and enter such orders or return of distributions and the recovery of additional amounts owed by the Holder of a Claim take such others actions as may be necessary or Interest for amounts not timely repaid pursuant appropriate to Article VI.K.1 of the Planimplement or enforce all such provisions;
13. hear and determine all Retained Litigation Claims;
14. enter and implement such orders or take such other actions as are may be necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, revoked or vacated;
1415. determine resolve any other matters that may arise in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation Order, or, subject to Order or any applicable forum selection clauses, any contract, instrument, release, indenture, release or other agreement or document created exculpation adopted in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;this Plan; and
16. consider enter an order concluding or closing the Chapter 11 Cases. Notwithstanding the foregoing, (i) any modifications dispute arising under or in connection with any Exit Facility or any other contract or agreement binding on the Reorganized Debtors that contains provisions governing jurisdiction for litigation of disputes thereunder shall be addressed in accordance with the provisions of the Plan, to cure any defect or omissionapplicable document and (ii) if the Bankruptcy Court abstains from exercising, or declines to reconcile exercise, jurisdiction or is otherwise without jurisdiction over any inconsistency in any Bankruptcy Court ordermatter arising in, arising under, or related to the Chapter 11 Cases, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the this Article of this Plan, including the provisions of this Article XI shall have no effect upon and shall not control, prohibit, or limit the exercise of jurisdiction by any dispute relating other court having jurisdiction with respect to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;matter.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Superior Energy Services Inc), Restructuring Support Agreement (Superior Energy Services Inc)
Retention of Jurisdiction. Notwithstanding the entry The Bankruptcy Court may retain jurisdiction of the Confirmation Order and the occurrence of the Effective Dateand, on and after the Effective Date, to the extent legally permissible, if the Bankruptcy Court exercises its retained jurisdiction, shall retain such have exclusive jurisdiction over the Chapter 11 Cases and of all matters arising out of, or and related to, the Chapter 11 Reorganization Cases and this Plan of Reorganization pursuant to, and for the Planpurposes of, including jurisdiction tosections 105(a) and 1142 of the Bankruptcy Code and for, among other things, the following purposes:
1. allow(a) To hear and determine pending applications for the assumption or rejection of executory contracts or unexpired leases, disallowif any are pending, determineand the allowance of Claims resulting therefrom;
(b) To determine any and all adversary proceedings, liquidateapplications and contested matters;
(c) To ensure that distributions to holders of Allowed Claims and Allowed Equity Interests are accomplished as provided herein;
(d) To hear and determine any timely objections to Administration Expense Claims or to proofs of claim and equity interests filed, classifyboth before and after the Confirmation Date, estimateincluding, or establish without limitation, any objections to the priority, Secured or unsecured status, or amount classification of any Claim or Equity Interest, including the resolution of and to allow or disallow any request for payment of any Administrative Disputed Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denyingEquity Interest, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (ae) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. To enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate in the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if event the Confirmation Order is for any reason modified, stayed, reversedrevoked, revokedmodified, or vacated;
14. determine any other matters that may arise (f) To issue such orders in connection with or relate aide of execution of this Plan of Reorganization, to the Plan, extent authorized by section 1142 of the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementBankruptcy Code;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. (g) To consider any amendments to or modifications of the Planthis Plan of Reorganization, to cure any defect or omission, or to reconcile any inconsistency in any order of the Bankruptcy Court orderCourt, including including, without limitation, the Confirmation Order;
17. (h) To hear and determine requests all applications for awards of compensation for services rendered and reimbursement of expenses incurred prior to the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy CodeConsummation Date;
18. (i) To hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Planthis Plan of Reorganization;
19. (j) To hear and determine matters concerning state, local, local and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. (k) To hear any other matter not inconsistent with the Bankruptcy Code;
(l) To hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out and nature of the termination of employment or discharges granted under section 11.2 hereof, the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after injunction issued under section 11.3 hereof and the Effective Datereleases granted under section 12 hereof;
21. enforce (m) To issue injunctions and effect any other actions that may be necessary or desirable to restrain interference by any entity with the injunction, release, and Exculpation provisions set forth in Article VIII consummation or implementation of this Plan of Reorganization; and
(n) To enter a final decree closing the Plan;Reorganization Cases.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Andrews Group Inc /De/), Stock Purchase Agreement (Andrews Group Inc /De/)
Retention of Jurisdiction. Notwithstanding 1. Under sections 105(a) and 1142 of the Bankruptcy Code, and notwithstanding entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, subject to the extent legally permissibleProtocol, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or and related to, the Chapter 11 Cases and the PlanPlan to the fullest extent permitted by law, including including, among other things, jurisdiction to:
1. allowA. Allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or InterestInterest not otherwise Allowed under the Plan, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, or allowance priority of Claims or Interests;
2. decide B. Hear and resolve determine all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or and reimbursement of expenses to of Professionals authorized pursuant under the Plan or under sections 330, 331, 503(b), 1103 and 1129(a)(4) of the Bankruptcy Code; provided, however, that from and after the Effective Date the payment of the fees and expenses of the retained Professionals of the Reorganized Debtors shall be made in the ordinary course of business and shall not be subject to the approval of the Bankruptcy Code or the PlanCourt;
3. resolve any C. Hear and determine all matters related to: (a) with respect to the assumption, assumption and assignment, or rejection of any Executory Contract executory contract or Unexpired Lease unexpired lease to which a Debtor is a party or with respect to which a Debtor may be liable in any manner and to hearliable, determine, andincluding, if necessary, liquidate, the nature or amount of any required Cure or the liquidation or allowance of any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders D. Effectuate performance of Allowed Claims and Interests are accomplished pursuant to payments under the provisions of the Plan;
5. adjudicate, decide, or resolve E. Hear and determine any motions, and all adversary proceedings, motions, applications and contested or litigated mattersmatters arising out of, and any other mattersunder, and grant or deny any applications involving a Debtor that may be pending on related to, the Effective DateChapter 11 Cases;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement F. Enter such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, releases and other agreements or documents created in connection with the Disclosure StatementPlan, the Restructuring Support Agreements, Disclosure Statement or the PlanConfirmation Order;
8. enter G. Hear and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise determine disputes arising in connection with the Consummation, interpretation, implementation, consummation or enforcement of the Plan Plan, including disputes arising under agreements, documents or any Entity’s obligations incurred instruments executed in connection with the Plan;
10. issue H. Consider any modifications of the Plan, cure any defect or omission, or reconcile any inconsistency in any order of the Bankruptcy Court, including, without limitation, the Confirmation Order; 498
I. Issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity entity with Consummation implementation, consummation or enforcement of the PlanPlan or the Confirmation Order;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, J. Enter and other provisions contained in Article VIII of the Plan and enter implement such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modifiedreversed, stayed, reversed, revoked, modified or vacated;
14. K. Hear and determine any other matters that may arise arising in connection with or relate relating to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, Order or any contract, instrument, release, indenture, release or other agreement or document created in connection with the Plan or Plan, the Disclosure Statement;
15. adjudicate any and all disputes arising from Statement or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims L. Enforce all orders, judgments, injunctions, releases, exculpations, indemnifications and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising rulings entered in connection with the interpretationChapter 11 Cases;
M. Except as otherwise limited herein, implementation, or enforcement recover all assets of the PlanDebtors and property of the Debtors' Estates, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Planwherever located;
19. hear N. Hear and determine matters concerning state, local, local and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear O. Hear and determine all disputes involving the existence, nature, nature or scope of all releases set forth the Debtors' discharge;
P. Hear and determine such other matters as may be provided in the PlanConfirmation Order or as may be authorized under, including any dispute relating to any liability arising out or not inconsistent with, provisions of the termination of employment or Bankruptcy Code; and
Q. Enter a final decree closing the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;Chapter 11 Cases.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code to the extent provided under applicable law, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. hear and determine matters related to the DIP Facilities and the DIP Orders;
3. decide and resolve all matters related to the granting and denying, in whole or in part, of any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
34. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure Claims pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, any Executory Contracts or Unexpired Leases to the Rejected Assumed Executory Contract Contracts and Unexpired Lease ScheduleList, Rejected Executory Contracts and Unexpired Lease List, or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, including injunctions or other actions as may be necessary to restrain interference by an Entity with Consummation or enforcement of the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. adjudicate, decide, or resolve any and all matters related to the Restructuring Transactions, including the Tax Matters Agreement;
10. grant any consensual request to extend the deadline for assuming or rejecting Unexpired Leases pursuant to section 365(d)(4) of the Bankruptcy Code;
11. resolve any cases, controversies, suits, disputes, or Causes of Action Action, or any other matters that may arise in connection with the Consummation, interpretation, or enforcement of the Plan Plan, the Disclosure Statement, the Confirmation Order, or the Restructuring Transactions, or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctionsforegoing, enter and implement other ordersincluding disputes arising under agreements, documents, or take such other actions as may be necessary or appropriate to restrain interference by any Entity instruments executed in connection with Consummation or enforcement of the Plan;
11. resolve any cases, controversiesthe Disclosure Statement, suits, disputesthe Confirmation Order, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisionsRestructuring Transactions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the releases, injunctions, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary to implement such releases, injunctions, and other provisions;
13. resolve any cases, controversies, suits, disputes, or Causes of Action relating to the distribution or the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 VI.L.1 of the Plan;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with enter an order or relate to decree concluding or closing the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementChapter 11 Cases;
1516. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation OrderTCEH First Lien Creditor Deposit L/C Collateral Allocation Dispute;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Merger Agreement (Energy Future Intermediate Holding CO LLC)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall will retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases Case and the Plan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction:
(i) to resolve any matters related to (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which the Debtor or the Reorganized Debtor is party or with respect to which the Debtor or the Reorganized Debtor may be liable and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including Cure Claims pursuant to section 365 of the Bankruptcy Code; (b) the Reorganized Debtor amending, modifying, or supplementing, after the Effective Date, pursuant to the Plan, including jurisdiction to:any Executory Contracts or Unexpired Leases to the Rejection Schedule or otherwise; and (c) any dispute regarding whether a contract or lease is or was executory or expired;
1. (ii) to determine, adjudicate, or decide any other applications, adversary proceedings, contested matters, and any other matters pending on the Effective Date;
(iii) to ensure that distributions to holders of Allowed Claims and Equity Interests are accomplished as provided in the Plan;
(iv) to resolve disputes as to the ownership of any Claim or Equity Interest;
(v) to allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Equity Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Equity Interests;
2. decide and resolve all matters related (vi) to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate in the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if event the Confirmation Order is for any reason modifiedstayed, stayedrevoked, reversed, revokedmodified, or vacated;
14. determine any other matters that may arise (vii) to issue such orders in connection with or relate to aid of execution of the Plan, to the Disclosure Statement, extent authorized by section 1142 of the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementBankruptcy Code;
15. adjudicate any and all disputes arising from or relating (viii) to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court orderorder of the Court, including the Confirmation Order;
17. (ix) to hear and determine requests all applications for the payment compensation and reimbursement of Claims expenses of professionals under sections 330, 331, and Interests entitled to priority pursuant to section 507 503(b) of the Bankruptcy Code;
18. (x) to hear and determine disputes arising in connection with the interpretation, implementation, consummation, or enforcement of the Plan, or including the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with release of the PlanGuarantee Claims;
19. (xi) to hear and determine any issue for which the Plan requires a Final Order of the Court;
(xii) to hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. (xiii) to hear and determine all disputes involving arising in connection with compensation and reimbursement of expenses of professionals for services rendered during the period commencing on the Petition Date through and including the Effective Date;
(xiv) to hear and determine any Causes of Action preserved under the Plan;
(xv) to hear and determine any matter regarding the existence, nature, or and scope of all releases set forth in the Debtor’s discharge;
(xvi) to hear and determine any matter, case, controversy, suit, dispute, or Cause of Action (i) regarding the existence, nature, and scope of the discharge, releases, injunctions, and exculpation provided under the Plan, including and (ii) enter such orders as may be necessary or appropriate to implement such discharge, releases, injunctions, exculpations, and other provisions;
(xvii) to enter a final decree closing the Chapter 11 Case;
(xviii) to issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any dispute entity with consummation or enforcement of the Plan;
(xix) to adjudicate any and all disputes arising from or relating to distributions under the Plan;
(xx) to enforce all orders previously entered by the Court; and
(xxi) to hear any liability arising out other matter not inconsistent with the Bankruptcy Code. For the avoidance of doubt, the termination of employment or Court will not retain exclusive jurisdiction with respect to the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to following documents entered into by the Reorganized Debtor on or after the Effective Date;
21. enforce : (i) the injunctionExit Financing Facility Credit Agreement, release(ii) the Registration Rights Agreement, (iii) the New Eagle By-Laws, (iv) the New Eagle Charter, (v) the New Eagle Equity Warrant Agreement, (vi) the New Eagle MIP Option Agreements, and Exculpation provisions set forth in Article VIII of (vii) the Plan;New Eagle MIP Primary Equity Agreements.
Appears in 1 contract
Samples: Restructuring Support Agreement (Eagle Bulk Shipping Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective DateThe Bankruptcy Court, on and even after the Effective DateBankruptcy Case has been closed, to the extent legally permissible, the Bankruptcy Court shall retain such have jurisdiction over the Chapter 11 Cases and all matters arising out ofunder, arising in, or related to, relating to the Chapter 11 Cases and the PlanBankruptcy Case, including jurisdiction proceedings to:
1. (a) ensure that the Plan is fully consummated and implemented;
(b) enter such orders that may be necessary or appropriate to implement, consummate, or enforce the provisions of the Plan and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement;
(c) consider any modification of the Plan under Bankruptcy Code section 1127;
(d) hear and determine all Claims, controversies, suits, and disputes against the Debtors to the full extent permitted under 28 U.S.C. Section 157 and Section 1334;
(e) allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or InterestClaim, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, or allowance priority of Claims or InterestsClaims;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (af) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, and adjudicate any Claims arising therefrom, including cure amounts pursuant to section 365 litigation involving the Rights of the Bankruptcy Code, Action and Avoidance Actions or any other matter related to such Executory Contract claims or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V causes of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expiredaction constituting Estate Property;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, (g) decide or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any motions or applications involving a Debtor the Debtors that may be are pending on or commenced after the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a(h) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action disputes that may arise in connection with the Consummationconsummation, interpretation, or enforcement of the Plan Plan, or any Entity’s entity's obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such any other actions as may be necessary agreements governing, instruments evidencing, or appropriate documents relating to restrain interference by any Entity with Consummation of the foregoing, including the interpretation or enforcement of any rights, remedies, or obligations under any of the foregoing;
(i) hear and determine all controversies, suits, and disputes that may arise out of or in connection with the enforcement of any subordination and similar agreements among various Creditors under Bankruptcy Code section 510;
(j) hear and determine all requests for compensation and/or reimbursement of expenses that may be made for fees and expenses incurred before the Closing Date;
(k) enforce any Final Order, the Confirmation Order, the final decree, and all injunctions contained in those orders;
(l) enter an order concluding and terminating the Debtors' chapter 11 cases;
(m) correct any defect, cure any omission, or reconcile any inconsistency in the Plan, or the Confirmation Order, or any other document or instruments created or entered into in connection with the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect (n) determine all questions and disputes regarding title to the dischargeEstate Property;
(o) classify the Claims of any Claimholders and the treatment of those Claims under the Plan, releases, injunctions, Exculpationsre-examine Claims that may have been allowed for purposes of voting, and other determine objections that may be filed to any Claims;
(p) take any action described in the Plan involving the Debtors;
(q) enforce, by injunction or otherwise, the provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such dischargePlan, releasesthe Confirmation Order, Exculpations, injunctionsany final decree, and other provisionsany Final Order that provides for the adjudication of any issue by the Bankruptcy Court;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. (r) enter and implement such orders as that are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;; and
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions (s) enter a final decree as contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any by Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;Rule 3022.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters matters, arising out of, or related to, the Chapter 11 Cases and the PlanPlan to the fullest extent allowed by applicable law, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured Unsecured status, or amount of any Claim or Interestagainst a Debtor, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections relating to any of the Secured or unsecured status, priority, amount, or allowance of Claims or Interestsforegoing;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the PlanProfessionals;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant Claims related to section 365 the rejection of the Bankruptcy Codean Executory Contract or Unexpired Lease, any Cure Claims, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract the Debtors or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ , as applicable, amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Planhereof, the Schedule of Assumed Executory Contracts and Unexpired Leases or the Schedule of Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases; and (dc) any dispute regarding whether a contract or lease is or was executory an Executory Contract or expiredUnexpired Lease;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 Causes of Action by or against a Debtor;
7. adjudicate, decide, or resolve any and all matters related to sections 1141, 1145, and 1146 of the Bankruptcy Code;
78. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan andand the Restructuring Support Agreement, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, Plan or the Restructuring Support Agreements, or the PlanAgreement;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, section 363 or 1146(a) 1123 of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the PlanPlan or the Restructuring Support Agreement;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.H.1 hereof;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Restructuring Support Agreement, the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementSupplement;
1516. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective DateRestructuring Transactions;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Petroquest Energy Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, of or related to, to the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or InterestClaim, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or InterestsClaims;
2. decide Decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the PlanProfessionals;
3. resolve Resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure Claims and Claims related to the rejection of an Executory Contract or Unexpired Lease, pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed and assigned or rejected or otherwise; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure Ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicateAdjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicateAdjudicate, decide, or resolve any and all matters related to section Causes of Action;
7. Adjudicate, decide, or resolve any and all matters related to sections 1141 and 1145 of the Bankruptcy Code;
78. enter Enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter Enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue Issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement or enforce such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.H hereof;
1314. enter Enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine Determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementSupplement;
1516. adjudicate Adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
1617. consider Consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine Determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1819. hear Hear and determine all disputes arising in connection with involving the interpretation, implementation, or enforcement of the Plan, Restructuring Support Agreement or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the PlanExit Facilities;
1920. hear Hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2021. hear Hear and determine all disputes involving the existence, nature, or scope of all releases the exculpation and release provisions set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to before or after the Effective Date;
2122. enforce Enforce all orders previously entered by the Bankruptcy Court in the Chapter 11 Cases;
23. Hear any other matter not inconsistent with the Bankruptcy Code;
24. Enter an order closing the Chapter 11 Cases; and
25. Enforce the injunction, release, and Exculpation exculpation provisions set forth provided in Article VIII of the Plan;hereof.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ascena Retail Group, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim or Interest and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims Cure Amount arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests (as applicable) are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Plan andChapter 11 Cases and (b) the Plan, subject to any applicable forum selection clausesthe Confirmation Order, all and contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to sections section 363, 1123, or 1146(a) of the Bankruptcy Code;
8. grant any consensual request to extend the deadline for assuming or rejecting Unexpired Leases pursuant to section 365(d)(4) of the Bankruptcy Code;
9. adjudicate, decide, or resolve any casesand all matters related to the Restructuring Transactions;
10. adjudicate, controversies, suits, disputesdecide, or Causes of Action that may arise in connection with resolve any and all matters related to the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with Restructuring Support Agreement and the PlanBackstop Commitment Agreement;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, Causes of Action, or any other matters that may arise in connection with the Consummation, interpretation, or enforcement of the Plan, the Disclosure Statement, the Confirmation Order, or the Restructuring Transactions, or any Entity’s obligations incurred in connection with the foregoing, including disputes arising under agreements, documents, or instruments executed in connection with the Plan, the Disclosure Statement, the Confirmation Order, or the Restructuring Transactions;
13. hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with or in any way related to the Chapter 11 Cases, including: (a) with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or an Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan; (b) with respect to the releases, injunctions, and other provisions contained in Article VIII of the Plan, including entry of such orders as may be necessary or appropriate to implement such releases, injunctions, and other provisions; (c) that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan, the Confirmation Order, and, subject to any applicable forum selection clauses, contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan; or (d) related to section 1141 of the Bankruptcy Code;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Chaparral Energy, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. a. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. b. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. c. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. d. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and to adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. e. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. f. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. g. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Plan andChapter 11 Cases and (b) the Plan, subject to any applicable forum selection clausesthe Confirmation Order, all and contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. h. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. i. resolve any cases, controversies, suits, disputes, Causes of Action, or any other matters that may arise in connection with the Consummation, interpretation, or enforcement of the Plan, the Disclosure Statement, the Confirmation Order, or the Restructuring Transactions, or any Entity’s obligations incurred in connection with the foregoing, including disputes arising under agreements, documents, or instruments executed in connection with the Plan, the Disclosure Statement, the Confirmation Order, or the Restructuring Transactions;
j. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. k. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation Consummation, implementation, or enforcement of the Plan, the Confirmation Order, or any other order of the Bankruptcy Court;
11. l. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. m. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.J hereof;
13. n. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. o. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreement;
15. p. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
16. q. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. r. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. s. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. t. hear and determine matters concerning exemptions from state and local federal registration requirements in accordance with section 1145 of the Bankruptcy Code;
u. hear and determine all disputes involving the existence, nature, scope, or enforcement of any exculpations, discharges, injunctions, and releases granted in the Plan, including under Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;
v. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. w. enter an order or Final Decree concluding or closing the Chapter 11 Cases;
x. enforce all orders previously entered by the Bankruptcy Court;
y. hear and determine all disputes involving the existence, nature, obligations or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out terms of the termination of employment or Exit Facility; and
z. hear any other matter not inconsistent with the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ion Geophysical Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, Case after the Chapter 11 Cases and Effective Date to the Planfullest extent legally permissible, including jurisdiction to, among other things:
1. (a) allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, or allowance priority of all Claims or and Interests;
2. decide (b) hear and resolve determine any and all matters related causes of action by the Debtor against any Person and rights of the Debtor that arose before or after the Petition Date, including any Avoidance Action that is commenced on or prior to the granting and denying, in whole Effective Date;
(c) grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Planfor Professionals;
3. (d) resolve any matters related to: (a) relating to the assumption, assumption and assignment, or rejection of any Executory Contract executory contract or Unexpired Lease unexpired lease to which a any Debtor is a party or with respect to which a any of the Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefromliable, including cure amounts pursuant to the determination of whether such contract is executory or such lease is unexpired for the purposes of section 365 of the Bankruptcy Code, or and hear, determine and, if necessary, liquidate any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expiredClaims arising therefrom;
4. (e) ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, (f) decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, matters and grant or deny any applications involving a any Debtor that may be pending in the Chapter 11 Case on the Effective Date;
6. adjudicate(g) hear and determine matters concerning state, decidelocal or federal taxes in accordance with sections 346, 505 or resolve any and all matters related to section 1141 1146 of the Bankruptcy Code;
7. (h) enter and implement such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure StatementDIP Credit Agreement, the Restructuring Support AgreementsPlan, the DIP Facility Orders and the Confirmation Order;
(i) hear and determine any matters concerning the enforcement of the provisions of Article 11 and 12 of this Plan and any other exculpations, limitations of liability or the injunctions contemplated by this Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a(j) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummationconsummation, interpretation, interpretation or enforcement of the DIP Credit Agreement, the Plan, the DIP Facility Orders or the Confirmation Order;
(k) permit the Debtor, to the extent authorized pursuant to section 1127 of the Bankruptcy Code, to modify the Plan or any Entity’s obligations incurred agreement or document created in connection with the Plan, or remedy any defect or omission or reconcile any inconsistency in the Plan or any agreement or document created in connection with the Plan;
10. (l) issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity entity with Consummation consummation, implementation or enforcement of the DIP Credit Agreement, the Plan, the DIP Facility Orders or the Confirmation Order;
11. resolve (m) enforce any cases, controversies, suits, disputes, injunctions entered in connection with or Causes of Action with respect relating to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of Plan or the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisionsConfirmation Order;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. (n) enter and implement enforce such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revokedrevoked or vacated, or vacateddistributions pursuant to the Plan are enjoined or stayed;
14. (o) determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of agreement entered into pursuant to the Plan, to cure any defect Plan or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment (p) enter any orders in aid of Claims and Interests entitled to priority pursuant to section 507 prior orders of the Bankruptcy CodeCourt;
18. (q) to hear and determine disputes arising in connection any other matter not inconsistent with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;; and
20. hear and determine all disputes involving (r) enter a final decree closing the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;Chapter 11 Case.
Appears in 1 contract
Samples: Restructuring Agreement (Ener1 Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim or Interest and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure or Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ amendingamendment, modifyingmodification, or supplementingsupplement, after the Effective Date, pursuant to Article V ARTICLE V, of the Plan, the Rejected list of Executory Contract Contracts and Unexpired Lease ScheduleLeases to be rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;; Table of Contents
4. ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Chapter 11 Cases and (b) the Plan andor the Confirmation Order, subject to any applicable forum selection clauses, all including contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
98. resolve grant any cases, controversies, suits, disputes, consensual request to extend the deadline for assuming or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement rejecting Unexpired Leases pursuant to section 365(d)(4) of the Plan or any Entity’s obligations incurred in connection with the PlanBankruptcy Code;
109. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1110. hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with respect or in any way related to the dischargeChapter 11 Cases, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action including: (a) with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 Section 6.4(a); (b) with respect to the releases, injunctions, and other provisions contained in ARTICLE VIII, including entry of such orders as may be necessary or appropriate to implement such releases, injunctions, and other provisions; (c) that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan or the Confirmation Order, or any Entity’s obligations incurred in connection with the Plan or the Confirmation Order, including those arising under agreements, documents, or instruments executed in connection with the Plan; or (d) related to section 1141 of the Bankruptcy Code;
1311. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding Pursuant to sections 105(c) and 1142 of the Bankruptcy Code and notwithstanding entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall will retain such jurisdiction exclusive jurisdiction, subject to section 12.21 of this Plan, over the Chapter 11 Cases and all matters arising out of, or and related to, the Chapter 11 Cases and this Plan to the Planfullest extent permitted by law, including including, among other things, jurisdiction to:
1. (a) allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Interest, including the resolution of any request for payment of any Administrative Expense Claim or Priority Tax Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, or allowance priority of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole (b) grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or this Plan for periods ending on or before the PlanEffective Date;
3. (c) resolve any matters related to: (a) to the assumption, assumption or assumption and assignment, or rejection assignment of any Executory Contract executory contract or Unexpired Lease unexpired lease to which a any Debtor is a party or with respect to which a any Debtor or the Reorganized Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, liquidate any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and ;
(d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the this Plan;
5. adjudicate, decide, (e) decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, matters and grant or deny any applications involving a Debtor the Debtors that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. (f) enter and implement such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the this Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, releases and other agreements or documents created in connection with this Plan, the Disclosure Statement, the Restructuring Support Agreements, Statement or the PlanConfirmation Order;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a(g) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummationconsummation, interpretation, or enforcement of the this Plan or any Entitycontract, instrument, release or other agreement or document that is executed or created pursuant to this Plan, or any entity’s rights arising from or obligations incurred in connection with this Plan or such documents;
(h) approve any modification of this Plan before or after the Effective Date pursuant to section 1127 of the Bankruptcy Code or approve any modification of the Disclosure Statement, the Confirmation Order or any contract, instrument, release or other agreement or document created in connection with this Plan, the Disclosure Statement or the Confirmation Order, or remedy any defect or omission or reconcile any inconsistency in any Bankruptcy Court order, this Plan, the Disclosure Statement, the Confirmation Order or any contract, instrument, release or other agreement or document created in connection with this Plan, the Disclosure Statement or the Confirmation Order, in such manner as may be necessary or appropriate to consummate this Plan;
10. (i) hear and determine all applications for compensation and reimbursement of expenses of Professionals under this Plan or under sections 330, 331, 363, 503(b), 1103 and 1129(c)(9) of the Bankruptcy Code, which shall be payable by the Debtors only upon allowance thereof pursuant to the order of the Bankruptcy Court, provided, however, that the fees and expenses of the Reorganized Debtors, incurred after the Effective Date, including counsel fees, may be paid by the Reorganized Debtors in the ordinary course of business and shall not be subject to the approval of the Bankruptcy Court;
(j) issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity entity with Consummation consummation, implementation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the this Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. (k) hear and determine disputes arising in connection with the interpretation, implementation, causes of action by or enforcement on behalf of the Plan, Debtors or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the PlanReorganized Debtors;
19. (1) hear and determine matters concerning state, local, local and federal taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance Allowance of Claims or Interests; provided that, for the avoidance of doubt, the Bankruptcy Court’s retention of jurisdiction with respect to such matters shall not preclude the Debtors or the Reorganized Debtors, as applicable, from seeking relief from any other court, tribunal, or other legal forum of competent jurisdiction with respect to such matters;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: to (ai) the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant Claims related to section 365 the rejection of the Bankruptcy Codean Executory Contract or Unexpired Lease, Cure Claims, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (cii) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Confirmation Date, the schedule of Executory Contracts and Unexpired Leases to be assume or rejected pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease ScheduleV; and (diii) any dispute regarding whether a contract or lease is or was executory or expiredunexpired;
4. ensure that adjudicate controversies, if any, with respect to distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the PlanClaims;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to Causes of Action;
7. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
78. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan andPlan, subject including any Order sought by the GUC Oversight Administrator with respect to any applicable forum selection clausesits rights, powers, and duties set forth in the Plan, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.J.1;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementSupplement;
1516. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code (including the expedited determination of taxes under section 505(b) of the Bankruptcy Code);
20. hear and determine matters concerning exemptions from state and federal registration requirements in accordance with section 1145 of the Bankruptcy Code;
2021. hear and determine all disputes involving the existence, nature, or scope of all releases the release or exculpation provisions set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
2122. enforce all orders previously entered by the Bankruptcy Court;
23. hear any other matter not inconsistent with the Bankruptcy Code;
24. enter an order concluding or closing the Chapter 11 Cases;
25. hear and determine any disputes between the GUC Oversight Administrator and the Reorganized Debtors; and
26. enforce the compromise, settlement, injunction, release, and Exculpation exculpation provisions set forth in Article VIII VIII. Notwithstanding the foregoing, the Bankruptcy Court shall not retain jurisdiction over disputes concerning documents contained in the Plan Supplement or other Definitive Documents that have a jurisdictional, forum selection, or dispute resolution clause that allows to be brought in a court other than the Bankruptcy Court and any disputes concerning documents contained in the Plan Supplement or any Definitive Document that contain such clauses shall be governed in accordance with the provisions of the Plan;such documents.
Appears in 1 contract
Samples: Joinder Agreement (Hertz Corp)
Retention of Jurisdiction. Notwithstanding 10.1 Under sections 105(a) and 1142 of the Bankruptcy Code, and notwithstanding the entry of the Confirmation Order and Order, the occurrence of the Effective Date, on and after the Effective Date, Date or anything to the extent legally permissiblecontrary herein, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, of or related to, to the Chapter 11 Cases Case and the Plan, to the fullest extent permitted by law, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. a. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, Statement or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. b. hear and determine requests for any matters related to the payment assumption, assumption and assignment or rejection of any executory contract or unexpired lease to which the Debtors are party or with respect to which any Debtor or Reorganized Debtor may be liable, and hear, determine and, if necessary, liquidated any Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Codearising therefrom;
18. c. decide or resolve any motions, adversary proceedings, contested or litigated matters and any other matters and grant or deny any applications involving the Debtors that may be pending on the Effective Date;
d. hear and determine disputes arising in connection with the interpretation, implementation, consummation, or enforcement of the PlanPlan and all contracts, or the Confirmation Orderinstruments, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments and other agreements executed in connection with the Plan;
19. e. hear and determine matters concerning stateany request to modify the Plan, localthe Confirmation Order or any contract, and federal taxes instrument, release or other agreement or document created in accordance connection with sections 346the Plan, 505the Disclosure Statement or the Confirmation Order, and 1146 or to cure any defect or omission or reconcile any inconsistency in the Plan or any order of the Bankruptcy CodeCourt;
20. hear f. issue and determine all disputes involving the existence, natureenforce injunctions or other orders, or scope of all releases set forth in take any other action that may be necessary or appropriate to restrain any interference with the Planimplementation, including any dispute relating to any liability arising out consummation, or enforcement of the termination of employment Plan or the termination of Confirmation Order; g. enter and implement such orders as may be necessary or appropriate if the Confirmation Order is for any employee reason reversed, stayed, revoked, modified, or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Datevacated;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Plan Support Agreement (Anchorage Capital Group, L.L.C.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, except to the extent legally permissibleset forth herein, and in addition to the matters over which the Bankruptcy Court shall have retained jurisdiction pursuant to the Sale Order, if any, or any other order of the Bankruptcy Court, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. A. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. B. decide and resolve all matters related to the granting and denying, in whole or in part, of any applications for allowance of compensation or reimbursement of expenses to Retained Professionals authorized pursuant to required by the Bankruptcy Code or the Plan;
3. C. resolve any matters related to: (a1) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims Cure Costs arising therefrom, including cure amounts Cure Costs pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b2) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (d3) any dispute regarding whether a contract or lease is or was executory or expired;
4. D. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. E. adjudicate, decide, decide or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. F. adjudicate, decidedecide or resolve any and all matters related to Causes of Action;
G. adjudicate, decide or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. H. resolve any cases, controversies, suits, or disputes that may arise in connection with General Unsecured Claims, including the establishment of any bar dates, related notices, claim objections, allowance, disallowance, estimation and distribution;
I. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. J. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. K. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, interpretation or enforcement of the Plan or any contract, instrument, release or other agreement or document that is entered into or delivered pursuant to the Plan, or any Entity’s rights arising from or obligations incurred in connection with the Plan;
10. L. issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. M. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. N. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. repaid; O. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Starry Group Holdings, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of or the Effective Date, on and after the Effective Date, to the extent legally permissibleDate having occurred, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out ofand, or related toas necessary, the Chapter 11 Cases and District Court, will retain exclusive jurisdiction (a) to determine any Disputed Claims (other than Personal Injury Claims and, if elected by DCC, the Planremaining Products Liability Claims), including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request (b) to determine requests for payment of any Administrative Claim and the resolution of any and all objections Claims entitled to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (apriority under section 507(a)(1) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed including compensation of and assigned; reimbursement of expenses of parties entitled thereto, (c) to resolve controversies and disputes regarding interpretation and implementation of the Plan and the Plan Documents, (d) to enter orders in aid of the Plan and the Plan Documents including, without limitation, appropriate orders (which may include contempt or other sanctions) to protect the Debtor, the Reorganized Debtors’ amendingDebtor, modifyingthe Released Parties, or supplementingthe Parties, after the Effective DateTort Committee and any of the Affiliates from actions prohibited under the Plan and to enforce the terms of the Funding Payment Agreement, (e) to resolve all actions involving the Depository Trust in accordance with the Settlement Facility Agreement, (f) to modify the Plan pursuant to Article V section 11.4 of the Plan, the Rejected Executory Contract (g) to determine any and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicateall applications, decide, or resolve any motionsClaims, adversary proceedings, and contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be matters pending on the Effective Date;
6. adjudicate, decide(h) to allow, disallow, reconsider, estimate, liquidate or resolve determine any Claim against the Debtor and to enter or enforce any order requiring the filing of any such Claim before a particular date, (i) to determine any and all matters related to section 1141 pending applications for the rejection or disaffirmance of the Bankruptcy Code;
7. enter and implement such orders as may be necessary executory contracts or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indenturesleases, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter to hear and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsdetermine, and other provisions contained in Article VIII of the Plan and enter such orders as may if need be necessary or appropriate to implement such dischargeliquidate, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes Claims arising from therefrom, (j) over actions either to enforce or relating to distributions under challenge the Plan or any transactions contemplated therein;
16. consider any modifications validity and enforceability of the releases and injunctions referred to in sections 8.3 through 8.5 of the Plan, and (k) to cure any defect or omissionenter a final decree closing the Case; provided, however, that nothing contained in section 8.7 of the Plan is intended to confer jurisdiction upon the Court over, or grant authority to reconcile any inconsistency in any Bankruptcy Court ordermonitor, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled day to priority pursuant to section 507 day operations of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Settlement Facility or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19Litigation Facility. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;Nothing within Page 92
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry Pursuant to sections 105(a) and 1142 of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissibleBankruptcy Code, the Bankruptcy Court shall retain such and shall have exclusive jurisdiction over any matter (a) arising under the Bankruptcy Code, (b) arising in or related to the Chapter 11 Cases and all matters arising out of, Case or related to, the Chapter 11 Cases and the Plan, including jurisdiction toor (c) that relates to the following:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim (i) To hear and the resolution of determine any and all objections to motions or applications pending on the Secured Confirmation Date or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, thereafter brought in whole or in part, any applications accordance with Article XI hereof for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, assignment or rejection of any Executory Contract executory contracts or Unexpired Lease unexpired leases to which any of the Debtors is a Debtor is party or with respect to which a Debtor any of the Debtors may be liable in any manner liable, and to hearhear and determine any and all Claims and any related disputes (including, determinewithout limitation, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 the exercise or enforcement of the Bankruptcy Codesetoff or recoupment rights, or rights against any other matter related to such Executory Contract third party or Unexpired Lease; (b) the property of any potential contractual obligation under third party resulting therefrom or from the expiration, termination or liquidation of any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a executory contract or lease is or was executory or expiredunexpired lease);
4. ensure that distributions to Holders of Allowed Claims (ii) To determine any and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, all adversary proceedings, applications, motions, and contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor matters that may be pending on the Effective Date or that, pursuant to the Plan, may be instituted by the Disbursing Agent or the Debtors, as applicable, after the Effective Date;
6. adjudicate(iii) To hear and determine any objections to the allowance of Claims, decidewhether filed, asserted, or resolve made before or after the Effective Date, including, without express or implied limitation, to hear and determine any objections to the classification of any Claim and all matters related to allow, disallow or estimate any Contested Claim in whole or in part;
(iv) To issue such orders in aid of execution of the Plan to the extent authorized or contemplated by section 1141 1142 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary (v) To consider any modifications of the Plan, remedy any defect or appropriate to execute, implementomission, or consummate the provisions reconcile any inconsistency in any order of the Plan andBankruptcy Court, subject to any applicable forum selection clausesincluding, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statementwithout limitation, the Restructuring Support Agreements, or the PlanConfirmation Order;
8. enter (vi) To hear and enforce determine all Fee Applications and applications for allowances of compensation and reimbursement of any order for other fees and expenses authorized to be paid or reimbursed under the sale of property pursuant to sections 363, 1123, Plan or 1146(a) of the Bankruptcy Code;
9. resolve any cases, (vii) To hear and determine all controversies, suits, disputesand disputes that may relate to, impact upon, or Causes arise in connection with the Plan, the Plan Documents or their interpretation, implementation, enforcement, or consummation;
(viii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or arise in connection with the Confirmation Order (and all exhibits to the Plan) or its interpretation, implementation, enforcement, or consummation;
(ix) To the extent that Bankruptcy Court approval is required, to consider and act on the compromise and settlement of any Claim or Cause of Action by, on behalf of, or against any Estate;
(x) To determine such other matters that may be set forth in the Plan, or the Confirmation Order, or that may arise in connection with the Consummation, interpretationPlan, or enforcement the Confirmation Order;
(xi) To hear and determine matters concerning state, local, and federal taxes, fines, penalties, or additions to taxes for which the Reorganized GSI Entities, the Debtors, the Debtors in Possession, or the Disbursing Agent may be liable, directly or indirectly, in accordance with sections 346, 505, and 1146 of the Plan Bankruptcy Code;
(xii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or any Entity’s obligations incurred arise in connection with any setoff and/or recoupment rights of the Debtors or any Person under the Plan;
10. (xiii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or arise in connection with Causes of Action of the Debtors (but excluding Avoidance Actions) commenced by the Disbursing Agent, the Debtors or any third parties, as applicable, before or after the Effective Date;
(xiv) To enter an order or final decree closing the Chapter 11 Case;
(xv) To issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity Person with Consummation consummation, implementation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. (xvi) To enter any and all appropriate orders necessary to effectuate and otherwise enforce the Implementation Order; and
(xvii) To hear and determine requests for the payment of Claims any other matters related hereto and Interests entitled to priority pursuant to section 507 of not inconsistent with the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;.
Appears in 1 contract
Samples: Noteholder Restructuring Plan Support Agreement (Gsi Group Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters matters, arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or InterestsInterests and any and all disputes regarding Claims that are Assumed Liabilities (including any disputes as to whether any such Claim is an Assumed Liability);
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Claims related to the rejection of an Executory Contract or Unexpired Lease, Cure Costs pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease, including any Executory Contract or Unexpired Lease between any Debtor or Non-Debtor Subsidiary and Chevron Corp. or any of its Affiliates; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Reorganization Trust, the Post-Effective-Date Debtor Subsidiaries, or the Post-Effective-Date Xxxxx City Debtors’ , as applicable, amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected list of Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed and assigned or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any implement and all matters related to section 1141 enforce the EIX Settlement and adjudicate disputes with respect thereto in accordance with the terms of the Bankruptcy CodeEIX Settlement Agreement;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan, the Disclosure Statement, the Restructuring Support Agreements, or the PlanPurchase Agreement;
8. enter and enforce any order for related to the Sale Transaction or otherwise in connection with any sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim or Interest and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests (as applicable) are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Plan andChapter 11 Cases and (b) the Plan, subject to any applicable forum selection clausesthe Confirmation Order, all and contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
8. grant any consensual request to extend the deadline for assuming or rejecting Unexpired Leases pursuant to section 365(d)(4) of the Bankruptcy Code;
9. adjudicate, decide, or resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with and all matters related to the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the PlanRestructuring Transactions;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action Action, or any other matters that may arise in connection with respect to the dischargeConsummation, releasesinterpretation, injunctions, Exculpations, and other provisions contained in Article VIII or enforcement of the Plan and enter such orders as may be necessary Plan, the Disclosure Statement, the Confirmation Order, or appropriate to implement such dischargethe Restructuring Transactions, releasesor any Entity’s obligations incurred in connection with the foregoing, Exculpationsincluding disputes arising under agreements, injunctionsdocuments, and other provisionsor instruments executed in connection with the Plan, the Disclosure Statement, the Confirmation Order, or the Restructuring Transactions;
12. hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with or in any way related to the Chapter 11 Cases, including: (a) with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or an Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan; (b) with respect to the releases, injunctions, and other provisions contained in Article VIII of the Plan, including entry of such orders as may be necessary or appropriate to implement such releases, injunctions, and other provisions; (c) that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan, the Confirmation Order, and, subject to any applicable forum selection clauses, contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan; or (d) related to section 1141 of the Bankruptcy Code;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Quorum Health Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the The Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising under, arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to, including jurisdiction to:
1. allowand for the purposes of, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount sections 105(a) and 1142 of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or and for, among other things, the Plan;following purposes:
3. resolve any matters related to: (a) To hear and determine any motions for the assumption, assumption and assignment, or rejection of any Executory Contract executory contracts or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner unexpired leases, and to hear, determine, and, if necessary, liquidate, the allowance of any Claims arising resulting therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; ;
(b) To determine any potential contractual obligation under any Executory Contract and all adversary proceedings, applications, and contested matters that have been or Unexpired Lease that is assumed or assumed and assigned; may be commenced;
(c) To hear and determine any timely objections to, or requests for estimation of, Claims or Administrative Expenses, including, without limitation, any objections to the classification of any Administrative Expense, Claim or Equity Interest, and to allow or disallow any Disputed Administrative Expense or Disputed Claim, in whole or in part;
(d) To hear and determine any objections of the Creditor Representative to the Reorganized Debtors’ amendingcompromise, modifyingsettlement, resolution or withdrawal of any objection to a Disputed General Unsecured Claim;
(e) To resolve disputes as to the ownership of any Administrative Expense, Claim, or supplementing, after the Effective Date, pursuant Equity Interest;
(f) To ensure that distributions to Article V holders of Allowed Administrative Expenses and Allowed Claims are accomplished as provided herein;
(g) To issue such orders as may be appropriate in aid of implementation and execution of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to extent authorized by section 1141 1142 of the Bankruptcy Code;
7. (h) To enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate in the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if event the Confirmation Order is for any reason modified, stayed, reversedrevoked, revokedmodified, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. (i) To consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in the Plan or any order of the Bankruptcy Court orderCourt, including including, without limitation, the Confirmation Order;
17. (j) To hear and determine requests all applications for the payment compensation and reimbursement of Claims expenses of professionals under sections 330, 331 and Interests entitled to priority pursuant to section 507 503(b) of the Bankruptcy CodeCode for awards of compensation for services rendered and reimbursement of expenses incurred prior to the Effective Date;
18. (k) To hear and determine disputes or issues arising in connection with the interpretation or enforcement of the DIP Agreement or any document executed in connection therewith;
(l) To hear and determine disputes or issues arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, includingany transactions or payments contemplated hereby, subject any agreement, Instrument, or other document governing or relating to any applicable forum selection clauses, disputes arising under agreements, documentsof the foregoing, or instruments executed in connection with any settlement approved by the PlanBankruptcy Court;
19. (m) To recover all assets of the Debtors and property of the Debtors’ estates, wherever located;
(n) To hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code (including any requests for expedited determinations under section 505(b) of the Bankruptcy Code);
20. (o) To hear and determine all disputes involving the existence, naturescope, or scope and nature of all the discharges, injunctions and releases set forth in granted under the Plan, including any dispute relating to any liability arising out of the termination of employment Confirmation Order, or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective DateBankruptcy Code;
21. (p) To oversee the Millennium Custodial Trust, the Environmental Custodial Trust and the Litigation Trust and interpret and enforce the injunctionMillennium Custodial Trust Agreement, release, Environmental Custodial Trust Agreement and Exculpation provisions set forth Litigation Trust Agreement;
(q) To hear and determine the Committee Litigation and any disputes in Article VIII connection with or related to the Lender Litigation Settlement;
(r) To issue injunctions and effect any other actions that may be necessary or desirable to restrain interference by any Person with the consummation or implementation of the Plan;
(s) To hear and determine any other matter related to the Plan and not inconsistent with the provisions of the Bankruptcy Code; and
(t) To enter a final decree closing the Chapter 11 Cases.
Appears in 1 contract
Samples: Settlement Agreement
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpationsinjunctions, injunctionsexculpations, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan, the Plan Supplement, or the Disclosure Statement;
15. enter an order concluding or closing the Chapter 11 Cases;
16. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Avaya Holdings Corp.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall will retain such jurisdiction over the Chapter 11 Cases and all matters arising out ofCase after the Effective Date to the full extent permitted by law, or related toincluding, the Chapter 11 Cases and the Planwithout limitation, including jurisdiction to:
1. allow(a) Allow, disallow, determine, liquidate, classify, estimatesubordinate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Equity Interest, including the resolution of any request for payment of any Administrative Claim Claim, the resolution of any objections to the allowance or priority of Claims or Equity Interests and the resolution of any and all objections dispute as to the Secured or unsecured status, priority, amount, or allowance of Claims or Intereststreatment necessary to reinstate a Claim pursuant to the Plan;
2. decide and resolve all matters related to the granting and denying, in whole (b) Grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan, for periods ending before the Effective Date;
3. resolve (c) Resolve any matters related to: (a) to the assumption, assumption and assignment, or rejection of any Executory Contract executory contract or Unexpired Lease unexpired lease to which a the Debtor is a party or with respect to which a the Debtor may be liable in any manner liable, and to hear, determine, determine and, if necessary, liquidate, liquidate any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and ;
(d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure Ensure that distributions Distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, (e) Decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, matters and grant or deny any applications involving a Debtor the Debtor, Reorganized Alterra, or the Chapter 11 Case that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement (f) Enter such orders Orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, indentures and other agreements or documents created in connection with the Disclosure StatementPlan, the Restructuring Support Agreements, Disclosure Statement or the PlanConfirmation Order, except as otherwise provided herein;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a(g) of the Bankruptcy Code;
9. resolve Resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummationconsummation, interpretation, interpretation or enforcement of the Plan or the Confirmation Order, including the release and injunction provisions set forth in and contemplated by the Plan and the Confirmation Order, or any Entityentity’s rights arising under or obligations incurred in connection with the PlanPlan or the Confirmation Order;
10. issue (h) Subject to any restrictions on modifications provided in any contract, instrument, release, indenture or other agreement or document created in connection with the Plan, including the Merger Agreement, modify the Plan before or after the Effective Date pursuant to section 1127 of the Bankruptcy Code or modify the Disclosure Statement, the Confirmation Order or any contract, instrument, release, indenture or other agreement or -50- document created in connection with the Plan, the Disclosure Statement or the Confirmation Order; or remedy any defect or omission or reconcile any inconsistency in any Court Order, the Plan, the Disclosure Statement, the Confirmation Order or any contract, instrument, release, indenture or other agreement or document created in connection with the Plan, the Disclosure Statement or the Confirmation Order, in such manner as may be necessary or appropriate to consummate the Plan, to the extent authorized by the Bankruptcy Code and the Merger Agreement, if applicable;
(i) Issue injunctions, enter and implement other orders, Orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity entity with Consummation consummation, implementation or enforcement of the PlanPlan or the Confirmation Order;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter (j) Enter and implement such orders Orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, revoked or vacated;
14. determine (k) Determine any other matters that may arise in connection with or relate relating to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, Order or any contract, instrument, release, indenture, indenture or other agreement or document created in connection with the Plan or Plan, the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Statement or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed except as otherwise provided in connection with the Plan;
19. hear and determine (l) Determine matters concerning state, local, state and federal taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code;, and to determine any tax claims that may arise against the Debtor or Reorganized Alterra as a result of the transactions contemplated by this Plan; and
20(m) Enter an Order concluding the Chapter 11 Case. hear The foregoing list is illustrative only and determine all disputes involving not intended to limit in any way the existence, nature, Court’s exercise of jurisdiction. If the Court abstains from exercising jurisdiction or scope of all releases set forth in the Plan, including is otherwise without jurisdiction over any dispute relating to any liability matter arising out of the termination of employment or Chapter 11 Case, including without limitation the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions matters set forth in this Article, this Article VIII shall have no effect upon and shall not control, prohibit, or limit the exercise of the Plan;jurisdiction by any other court having competent jurisdiction with respect to such matter.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. : allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. ; decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. ; resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure Claims pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ; ensure that distributions to Holders of Allowed Claims and Allowed Interests are accomplished pursuant to the provisions of the Plan;
5. ; adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. ; adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. ; enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. ; enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. ; resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. ; issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. ; resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. ; resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. hereof; enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. ; determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. ; enter an order or Final Decree concluding or closing the Chapter 11 Cases; adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. Plan; consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. ; determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. ; hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. ; hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. ; hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all releases set forth any exculpations, discharges, injunctions and released granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;
21. ; enforce all orders previously entered by the injunction, release, Bankruptcy Court; and Exculpation provisions set forth in Article VIII of hear any other matter not inconsistent with the Plan;Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring and Support Agreement (NBC Acquisition Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on On and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction exclusive jurisdiction, pursuant to 28 U.S.C. §§ 1334 and 157, over all matters arising in or related to the Chapter 11 Cases and all matters arising out offor, or related toamong other things, the Chapter 11 Cases and the Plan, including jurisdiction tofollowing purposes:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) to hear and determine motions and/or applications for the assumption, assumption and assignment, or rejection of executory contracts or unexpired leases and any Executory Contract disputes over Cure Amounts resulting therefrom;
(b) to determine any motion, adversary proceeding, application, contested matter, and other litigated matter pending on or Unexpired Lease commenced after the entry of the Confirmation Order;
(c) to which a Debtor is party hear and resolve any disputes arising from or with respect related to which a Debtor may be liable in (i) any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 orders of the Bankruptcy Code, Court granting relief under Bankruptcy Rule 2004 or any other matter related to such Executory Contract or Unexpired Lease; (bii) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) protective orders entered by the Reorganized Debtors’ amending, modifying, or supplementing, after Bankruptcy Court in connection with the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and foregoing;
(d) any dispute regarding whether a contract or lease is or was executory or expired;
4. to ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant as provided in this Plan and the Confirmation Order and to the provisions of the adjudicate any and all disputes arising from or relating to distributions under this Plan;
5. adjudicate(e) to consider Claims or the allowance, decideclassification, priority, compromise, estimation, or resolve payment of any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective DateClaim;
6. adjudicate(f) to enter, decideimplement, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement enforce such orders as may be necessary or appropriate to executein the event that the Confirmation Order is for any reason stayed, implementreversed, revoked, modified, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Planvacated;
8. enter (g) to issue and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or and take such other actions as may be necessary or appropriate to restrain interference by any Entity Person with Consummation the consummation, implementation, or enforcement of this Plan, the PlanConfirmation Order, or any other order of the Bankruptcy Court;
11. resolve (h) to hear and determine any cases, controversies, suits, disputes, or Causes of Action application to modify this Plan in accordance with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII section 1127 of the Plan and enter such orders as may be necessary Bankruptcy Code to remedy any defect or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve omission or reconcile any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise inconsistency in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications order of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court orderCourt, including the Confirmation Order, in such a manner as may be necessary to carry out the purposes and effects thereof;
17. (i) to hear and determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Codeall Fee Claims;
18. (j) to resolve disputes concerning any reserves with respect to Disputed Claims or the administration thereof;
(k) to hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the this Plan, or the Confirmation Order, includingany transactions or payments in furtherance of either (including the Equity Rights Offerings), subject or any agreement, instrument, or other document governing or related to any applicable forum selection clausesof the foregoing, disputes arising under agreementsother than the Exit Facility;
(l) to take any action and issue such orders, documentsincluding any such action or orders as may be necessary after entry of the Confirmation Order or the occurrence of the Effective Date, or instruments executed in connection with the as may be necessary to construe, enforce, implement, execute, and consummate this Plan;
19. (m) to determine such other matters and for such other purposes as may be provided in the Confirmation Order;
(n) to hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code (including any requests for expedited determinations under section 505(b) of the Bankruptcy Code);
(o) to hear and determine any other matters related to the Chapter 11 Cases and not inconsistent with the Bankruptcy Code or title 28 of the United States Code;
20. (p) to resolve any disputes concerning whether a Person had sufficient notice of the Chapter 11 Cases, the Disclosure Statement, any solicitation conducted in connection with the Chapter 11 Cases, any bar date established in the Chapter 11 Cases, or any deadline for responding or objecting to a Cure Amount, in each case, for the purpose for determining whether a Claim or Interest is discharged hereunder or for any other purposes;
(q) to hear, adjudicate, decide, or resolve any and all matters related to ARTICLE X of this Plan, including, without limitation, the releases, discharge, exculpations, and injunctions issued thereunder;
(r) to hear and determine all disputes involving the existenceany rights, natureClaims, or scope Causes of all releases set forth in Action held by or accruing to the Plan, including any dispute relating Debtors pursuant to the Bankruptcy Code or pursuant to any liability arising out federal statute or legal theory;
(s) to recover all Assets of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, Debtors and Exculpation provisions set forth in Article VIII property of the Plan;Estates, wherever located; and
(t) to enter a final decree closing each of the Chapter 11 Cases.
Appears in 1 contract
Samples: Restructuring Support Agreement (Halcon Resources Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Combined Order and the occurrence of the Effective Date, on and after the Effective Date, other than with respect to the extent legally permissibleCanadian Recognition Proceeding and the Information Officer, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to Bankruptcy Code sections 105(a) and 1142, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure pursuant to Bankruptcy Code section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease365; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Allowed Interests are accomplished pursuant to the provisions of the Plan;
5. modify the Plan before or after the Effective Date pursuant to Bankruptcy Code section 1127; modify the Combined Order or any contract, instrument, release or other agreement or document entered into or delivered in connection with the Plan, the Disclosure Statement or the Combined Order; or remedy any defect or omission or reconcile any inconsistency in any Bankruptcy Court order, the Plan, the Disclosure Statement, the Combined Order or any contract, instrument, release or other agreement or document entered into, delivered or created in connection with the Plan, the Disclosure Statement or the Combined Order, in such manner as may be necessary or appropriate to consummate the Plan;
6. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
67. adjudicate, decide, or resolve any and all matters related to section Bankruptcy Code sections 1141 of the Bankruptcy Codeand 1145;
78. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to Bankruptcy Code sections 363, 1123, or 1146(a) of the Bankruptcy Code);
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpationsinjunctions, injunctionsexculpations, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Combined Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Combined Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan Plan, or the Disclosure Statement;
1516. enter an order concluding or closing the Chapter 11 Cases;
17. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1618. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Combined Order;
1719. determine requests for the payment of Claims and Interests entitled to priority pursuant to Bankruptcy Code section 507 of the Bankruptcy Code507;
1820. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Combined Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1921. hear and determine matters concerning any tax matters relating to the restructuring, including state, local, and federal taxes in accordance with Bankruptcy Code sections 346, 505, and 1146 of the Bankruptcy Code1146;
2022. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions and releases set forth granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;
2123. enforce all orders previously entered by the injunctionBankruptcy Court; and
24. hear any other matter not inconsistent with the Bankruptcy Code. As of the Effective Date, releasenotwithstanding anything in this Article XI to the contrary, the Governance Documents, the Exit Facility Documents, and Exculpation the Securitization Facilities Amendments shall be governed by the jurisdictional provisions set forth in Article VIII of therein and the Plan;Bankruptcy Court shall not retain any jurisdiction with respect thereto.
Appears in 1 contract
Samples: Restructuring Support Agreement (CURO Group Holdings Corp.)
Retention of Jurisdiction. Notwithstanding (a) Pursuant to sections 105 and 1142 of the Bankruptcy Code and notwithstanding entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction jurisdiction, to the fullest extent permissible under law, over all matters arising in, arising under, or related to the Chapter 11 Cases for, among other things, the following purposes:
(i) To hear and determine all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections relating to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract Contracts or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefromLeases, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims (ii) To hear and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve determine any motionsmotion, adversary proceedingsproceeding, application, contested or litigated mattersmatter, and any other matters, and grant or deny any applications involving a Debtor that may be litigated matter pending on or commenced after the Effective Confirmation Date;
6. adjudicate, decide, or (iii) To hear and resolve any and all matters related disputes arising from or relating to section 1141 (i) any orders of the Bankruptcy CodeCourt granting relief under Bankruptcy Rule 2004, or (ii) any protective orders entered by the Bankruptcy Court in connection with the foregoing;
7. enter and implement (iv) To ensure that Plan Distributions are accomplished as provided herein;
(v) To consider Claims or the allowance, classification, priority, compromise, estimation, or payment of any Claim, including any Administrative Expense Claim;
(vi) To enter, implement, or enforce such orders as may be necessary appropriate in the event the Confirmation Order is for any reason stayed, reversed, revoked, modified or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Planvacated;
8. enter (vii) To issue and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or and take such other actions as may be necessary or appropriate to restrain interference by any Entity Person with Consummation the consummation, implementation, or enforcement of this Plan, the Plan;
11. resolve any cases, controversies, suits, disputesConfirmation Order, or Causes any other order of Action the Bankruptcy Court (including, without limitation, with respect to the discharge, releases, injunctions, Exculpations, exculpations and other provisions contained indemnifications);
(viii) To hear and determine any application to modify this Plan in Article VIII accordance with section 1127 of the Plan and enter such orders as may be necessary Bankruptcy Code, to remedy any defect or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve omission or reconcile any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise inconsistency in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications order of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court orderCourt, including the Confirmation Order, in such a manner as may be necessary to carry out the purposes and effects thereof;
17. (ix) To hear and determine requests for all matters relating to the payment allowance, disallowance, liquidation, classification, priority, or estimation of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Codeany Claim;
18. (x) To resolve disputes concerning any reserves with respect to Disputed Claims or the administration thereof;
(xi) To hear and determine disputes arising in connection with or related to the interpretation, implementation, or enforcement of the this Plan, or the Confirmation Order, includingthe Disclosure Statement, subject any transactions or payments contemplated hereby, or any agreement, instrument, or other document governing or relating to any applicable of the foregoing (including without limitation the Plan Supplement and the Plan Documents); provided that the Bankruptcy Court shall not retain jurisdiction over disputes concerning documents contained in the Plan Supplement that have a jurisdictional, forum selection clausesor dispute resolution clause that refers disputes to a different court and any disputes concerning documents contained in the Plan Supplement shall be governed in accordance with the provisions of such documents;
(xii) To take any action and issue such orders, disputes arising under agreementsincluding any such action or orders as may be necessary after occurrence of the Effective Date and/or consummation of the Plan, documentsas may be necessary to construe, enforce, implement, execute, and consummate this Plan, including any release or injunction provisions set forth herein, or instruments executed in connection with to maintain the Planintegrity of this Plan following consummation;
19. (xiii) To determine such other matters and for such other purposes as may be provided in the Confirmation Order;
(xiv) To hear and determine matters concerning state, local, local and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. (xv) To hear and determine all any other matters related hereto and not inconsistent with the Bankruptcy Code and title 28 of the United States Code;
(xvi) To resolve any disputes involving concerning whether a Person had sufficient notice of the existenceChapter 11 Cases, naturethe Confirmation Hearing, the deadline by which to file Administrative Expense Claims, or scope the deadline for responding or objecting to a cure amount owed pursuant to Bankruptcy Code section 365(b), for the purpose of determining whether a Claim or Interest is discharged hereunder, or for any other purpose;
(xvii) To recover all releases set forth in assets of the PlanDebtors and property of the Estates, including wherever located;
(xviii) To hear and determine any dispute relating rights, claims or Causes of Action held by or accruing to the Debtors pursuant to the Bankruptcy Code or pursuant to any liability federal or state statute or legal theory; and
(xix) To enter a final decree closing the Chapter 11 Cases.
(b) If the Bankruptcy Court abstains from exercising, or declines to exercise, jurisdiction or is otherwise without jurisdiction over any matter arising out in, arising under, or related to the Chapter 11 Cases, the provisions of Section 13.1 of the termination Plan shall have no effect on and shall not control, limit, or prohibit the exercise of employment or the termination of jurisdiction by any employee or retiree benefit program, regardless of whether other court having competent jurisdiction with respect to such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;matter.
Appears in 1 contract
Samples: Restructuring Support Agreement (Hospitality Investors Trust, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases Case and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction tojurisdiction:
1. (i) to resolve any matters related to (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which the Debtor or the Reorganized Debtor is party or with respect to which the Debtor or the Reorganized Debtor may be liable and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including Cure Claims pursuant to section 365 of the Bankruptcy Code; (b) the Reorganized Debtor amending, modifying, or supplementing, after the Effective Date, pursuant to Article IX, any Executory Contracts or Unexpired Leases to the Rejection Schedule or otherwise; and (c) any dispute regarding whether a contract or lease is or was executory or expired;
(ii) to determine, adjudicate, or decide any other applications, adversary proceedings, contested matters, and any other matters pending on the Effective Date;
(iii) to ensure that distributions to holders of Allowed Claims and Equity Interests are accomplished as provided herein;
(iv) to resolve disputes as to the ownership of any Claim or Equity Interest;
(v) to allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Equity Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Equity Interests;
2. decide and resolve all matters related (vi) to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate in the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if event the Confirmation Order is for any reason modifiedstayed, stayedrevoked, reversed, revokedmodified, or vacated;
14. determine any other matters that may arise (vii) to issue such orders in connection with or relate to aid of execution of the Plan, to the Disclosure Statement, extent authorized by section 1142 of the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementBankruptcy Code;
15. adjudicate any and all disputes arising from or relating (viii) to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court orderorder of the Court, including the Confirmation Order;
17. (ix) to hear and determine requests all applications for the payment compensation and reimbursement of Claims expenses of professionals under sections 330, 331, and Interests entitled to priority pursuant to section 507 503(b) of the Bankruptcy Code;
18. (x) to hear and determine disputes arising in connection with the interpretation, implementation, consummation, or enforcement of the Plan, or including the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with release of the PlanGuarantee Claims;
19. (xi) to hear and determine any issue for which the Plan requires a Final Order of the Court;
(xii) to hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. (xiii) to hear and determine all disputes involving arising in connection with compensation and reimbursement of expenses of professionals for services rendered during the period commencing on the Petition Date through and including the Effective Date;
(xiv) to hear and determine any Causes of Action preserved under the Plan;
(xv) to hear and determine any matter regarding the existence, nature, or and scope of all releases set forth in the Debtor’s discharge;
(xvi) to hear and determine any matter, case, controversy, suit, dispute, or Cause of Action (i) regarding the existence, nature, and scope of the discharge, releases, injunctions, and exculpation provided under the Plan, including and (ii) enter such orders as may be necessary or appropriate to implement such discharge, releases, injunctions, exculpations, and other provisions;
(xvii) to enter a final decree closing the Chapter 11 Case;
(xviii) to issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any dispute entity with consummation or enforcement of the Plan;
(xix) to adjudicate any and all disputes arising from or relating to distributions under the Plan;
(xx) to enforce all orders previously entered by the Court; and
(xxi) to hear any liability arising out other matter not inconsistent with the Bankruptcy Code. For the avoidance of doubt, the termination of employment or Court shall not retain exclusive jurisdiction with respect to the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to following documents entered into by the Reorganized Debtor on or after the Effective Date;
21. enforce : (i) the injunctionExit Financing Facility Credit Agreement, release(ii) the Registration Rights Agreement, (iii) the New Eagle By-Laws, (iv) the New Eagle Charter, (v) the New Eagle Equity Warrant Agreement, (vi) the New Eagle MIP Option Agreements, and Exculpation provisions set forth in Article VIII of (vii) the Plan;New Eagle MIP Primary Equity Agreements.
Appears in 1 contract
Samples: Restructuring Support Agreement (Eagle Bulk Shipping Inc.)
Retention of Jurisdiction. Notwithstanding Pursuant to sections 105(c) and 1142 of the Bankruptcy Code and notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, the Bankruptcy Court shall, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all Entities with respect to all matters arising out of, or related to, to the Chapter 11 Cases Cases, the Debtors and the Planthis Plan as legally permissible, including including, without limitation, jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Equity Interest, including including, without limitation, the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, priority of any such Claim or allowance of Claims or InterestsEquity Interest;
2. decide and resolve all matters related to the granting and denying, in whole grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or this Plan, for periods ending on or before the PlanEffective Date; provided, however, that, from and after the Effective Date, the Reorganized Debtors shall pay Professionals in the ordinary course of business for any work performed after the Effective Date and such payment shall not be subject to the approval of the Bankruptcy Court;
3. resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, adjudicate and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Codeincluding, or any other matter without limitation, those matters related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, amendment to this Plan after the Effective Date, pursuant Date to Article V add Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease Schedule; and Leases to be assumed or rejected (d) any dispute regarding whether a contract or lease is or was executory or expiredas applicable);
4. resolve any issues related to any matters adjudicated in the Chapter 11 Cases;
5. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the this Plan;
56. adjudicate, decide, decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other mattersCauses of Action that are pending as of the Effective Date or that may be commenced in the future, and grant or deny any applications involving a Debtor the Debtors that may be pending on the Effective Date or instituted by the Reorganized Debtors after the Effective Date;
6. adjudicate, decideprovided, or resolve any however that the Reorganized Debtors shall reserve the right to commence actions in all appropriate forums and all matters related to section 1141 of the Bankruptcy Codejurisdictions;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the this Plan and, subject to any applicable forum selection clauses, and all other contracts, instruments, releases, indentures, indentures and other agreements or documents created adopted in connection with this Plan, the Plan Supplement or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummation, interpretation, interpretation or enforcement of the this Plan or any Person’s or Entity’s obligations incurred in connection with this Plan;
9. hear and determine all Causes of Action that are pending as of the PlanEffective Date or that may be commenced in the future;
10. issue injunctionsinjunctions and enforce them, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Person or Entity with Consummation or enforcement of the this Plan;
11. resolve any casesenforce the terms and conditions of this Plan, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, ExculpationsConfirmation Order, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisionsRestructuring Documents;
12. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes with respect to the repayment Release, the Exculpation, the indemnification and other provisions contained in Article X hereof and enter such orders or return of distributions and the recovery of additional amounts owed by the Holder of a Claim take such others actions as may be necessary or Interest for amounts not timely repaid pursuant appropriate to Article VI.K.1 of the Planimplement or enforce all such provisions;
13. hear and determine all Litigation Claims;
14. enter and implement such orders or take such other actions as are may be necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, revoked or vacated;
1415. determine resolve any other matters that may arise in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation OrderOrder or any release or exculpation adopted in connection with this Plan; and
16. enter an order concluding or closing the Chapter 11 Cases. Notwithstanding the foregoing, or, subject to (i) any applicable forum selection clauses, any contract, instrument, release, indenture, dispute arising under or other agreement or document created in connection with the Plan or Exit Facilities, the Disclosure Statement;
15. adjudicate any Amended/New Organizational Documents and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications New Stockholders Agreement shall be dealt with in accordance with the provisions of the Plan, to cure any defect or omissionapplicable document and (ii) if the Bankruptcy Court abstains from exercising, or declines to reconcile exercise, jurisdiction or is otherwise without jurisdiction over any inconsistency in any Bankruptcy Court ordermatter arising in, arising under, or related to the Chapter 11 Cases, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the this Article of this Plan, including the provisions of this Article XI shall have no effect upon and shall not control, prohibit, or limit the exercise of jurisdiction by any dispute relating other court having jurisdiction with respect to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;matter.
Appears in 1 contract
Samples: Restructuring Support Agreement (Sundance Energy Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection (to the extent applicable) of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected (to the extent applicable) or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreements, or the PlanAgreement;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.M hereof;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreement;
15. enter an order concluding or closing the Chapter 11 Cases;
16. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1819. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1920. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2021. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions, and releases set forth granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;; and
2122. enforce all orders previously entered by the injunction, release, and Exculpation provisions set forth in Article VIII Bankruptcy Court. As of the Plan;Effective Date, notwithstanding anything in this Article XII to the contrary, the New Organizational Documents and the New Stockholders Agreement and any documents related thereto shall be governed by the jurisdictional provisions therein and the Bankruptcy Court shall not retain jurisdiction with respect thereto.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding Pursuant to sections 105(c) and 1142 of the Bankruptcy Code and notwithstanding the entry of the Confirmation Order and or the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or and related to, the Plan, the Confirmation Order and the Chapter 11 Cases and Case to the Planfullest extent permitted by law, including jurisdiction to:
1. allow(a) Allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Equity Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, or allowance priority of Claims or Equity Interests;
2. decide and resolve all matters related to the granting and denying, in whole (b) Grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the PlanPlan for periods ending on or before the Effective Date;
3. resolve (c) Resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract executory contract or Unexpired Lease unexpired lease to which a the Debtor is a party or with respect to which a the Debtor or Reorganized Debtor may be liable in any manner liable, and to hear, determine, determine and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and ;
(d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure Ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, (e) Decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, and grant or deny any applications involving a the Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement (f) Enter such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, releases and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, Plan or the PlanConfirmation Order;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a(g) of the Bankruptcy Code;
9. resolve Resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummationconsummation, interpretation, interpretation or enforcement of the Plan or any contract, instrument, release or other agreement or document that is executed or created pursuant to the Plan, or any Entity’s rights arising from or obligations incurred in connection with the PlanPlan or such other documents;
10. issue (h) Modify the Plan before or after the Effective Date under section 1127 of the Bankruptcy Code or modify the Confirmation Order, or any contract, instrument, release or other agreement or document created in connection with the Plan or the Confirmation Order, or remedy any defect or omission or reconcile any inconsistency in any Bankruptcy Court order, the Plan, the Solicitation and Disclosure Statement, the Confirmation Order or any contract, instrument, release or other agreement or document created in connection with the Plan or the Confirmation Order, in such manner as may be necessary or appropriate to consummate the Plan,;
(i) Hear and determine all applications for compensation and reimbursement of expenses of Professionals under the Plan or under sections 330, 331, 503(b), 1103 and 1129(c)(9) of the Bankruptcy Code; provided, however, that from and after the Confirmation Date, the payment of fees and expenses of the Reorganized Debtor, including fees and expenses of counsel, shall be made in the ordinary course of business and shall not be subject to the approval of the Bankruptcy Court;
(j) Issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation the consummation, implementation or enforcement of the PlanPlan or the Confirmation Order;
11. resolve (k) Hear and determine any casesrights, controversies, suits, disputes, claims or Causes of Action with respect held or reserved by, or accruing to, the Debtor or the Reorganized Debtor pursuant to the dischargeBankruptcy Code, the Confirmation Order or, in the case of the Debtor, any other applicable law;
(l) Enforce all orders, judgments, injunctions, releases, injunctionsexculpations, Exculpations, indemnifications and other provisions contained rulings entered in Article VIII of connection with the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisionsChapter 11 Case;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter (m) Enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revokedrevoked or vacated, or vacateddistributions pursuant to the Plan are enjoined or stayed;
14. determine (n) Determine any other matters that may arise in connection with or that relate to the Plan, the Solicitation and Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, Order or any contract, instrument, release, indenture, indenture or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for (o) Enter an order of final decree closing the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy CodeChapter 11 Cases;
18. hear (p) Hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine resolve all matters concerning state, local, local and federal taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code;
20. hear (q) Hear and determine resolve all disputes matters involving the existence, nature, existence or scope of the Debtor’s discharge;
(r) Hear and resolve all releases matters related to the property of the Estate from and after the Confirmation Date; and
(s) Hear and resolve such other matters as may be provided in the Confirmation Order or as may be authorized by the Bankruptcy Code. Notwithstanding anything set forth in this Article X, the Plan, including Bankruptcy Court shall not retain jurisdiction over the Exit Facility or any dispute relating to any liability disputes arising out thereunder from and after the occurrence of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;.
Appears in 1 contract
Samples: Loan Agreement (Topspin Medical Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the TSA, the Merger Agreement, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. resolve any cases, controversies, suits, or disputes that may arise in connection with General Unsecured Claims, including establishment of a bar date, related notice, claim objections, allowance, disallowance, estimation, and distribution;
8. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummationconsummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpationsinjunctions, injunctionsexculpations, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan, the Plan Supplement, or the Disclosure Statement;
1516. enter an order concluding or closing the Chapter 11 Cases;
17. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1618. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;.
1719. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1820. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1921. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2022. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions and releases set forth granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;
2123. enforce all orders previously entered by the injunction, release, and Exculpation provisions set forth in Article VIII Court; and
24. hear any other matter not inconsistent with the Bankruptcy Code. As of the Plan;Effective Date, notwithstanding anything in this Article XI to the contrary, the Exit RBL Facility and any related documents thereto and the New Organizational Documents shall be governed by the jurisdictional provisions therein and the Court shall not retain any jurisdiction with respect thereto.
Appears in 1 contract
Samples: Voting and Support Agreement (Bonanza Creek Energy, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Plan Effective Date, on and after the Plan Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Plan Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions distributions, including the Warrants, to Holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Plan Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpationsinjunctions, injunctionsexculpations, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan, the Plan Supplement, or the Disclosure Statement, including the Restructuring Support Agreement;
15. enter an order concluding or closing the Chapter 11 Cases;
16. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1819. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1920. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2021. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions, and releases set forth granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Plan Effective Date;
2122. hear and determine all disputes involving the obligations or terms of the DIP-to-Exit Allocation Process and the DIP-to-Exit Commitment Letter;
23. enforce all orders previously entered by the injunctionCourt; and
24. hear any other matter not inconsistent with the Bankruptcy Code. As of the Plan Effective Date, releasenotwithstanding anything in this Article XI to the contrary, the Exit Facility Documents shall be governed by the jurisdictional provisions therein, and Exculpation provisions set forth the Court shall not retain any jurisdiction with respect thereto. For the avoidance of doubt, nothing in this Article VIII XI shall affect the substantive rights of the Plan;any party.
Appears in 1 contract
Samples: Restructuring Support Agreement (QualTek Services Inc.)
Retention of Jurisdiction. Notwithstanding The Plan will provide for the entry retention of jurisdiction by the Bankruptcy Court for usual and customary matters. Discharge of Claims and Termination of Interests Pursuant to section 1141(d) of the Bankruptcy Code, and except as otherwise specifically provided in the Plan or in any contract, instrument, or other agreement or document created pursuant to the Plan, the distributions, rights, and treatment that are provided in the Plan shall be in complete satisfaction, discharge, and release, effective as of the Effective Date, of Claims (including any Intercompany Claims resolved or compromised after the Effective Date by the Reorganized Debtors), Interests, and Causes of Action of any nature whatsoever, including any interest accrued on Claims or Interests from and after the Petition Date, whether known or unknown, against, liabilities of, liens on, obligations of, rights against, and Interests in, the Debtors or any of their assets or properties, regardless of whether any property shall have been distributed or retained pursuant to the Plan on account of such Claims and Interests, including demands, liabilities, and Causes of Action that arose before the Effective Date, any liability (including withdrawal liability) to the extent such Claims or Interests relate to services performed by employees of the Debtors prior to the Effective Date and that arise from a termination of employment, any contingent or non-contingent liability on account of representations or warranties issued on or before the Effective Date, and all debts of the kind specified in sections 502(g), 502(h), or 502(i) of the Bankruptcy Code, in each case whether or not: (a) a Proof of Claim based upon such debt or right is filed or deemed filed pursuant to section 501 of the Bankruptcy Code; (b) a Claim or Interest based upon such debt, right, or Interest is Allowed pursuant to section 502 of the Bankruptcy Code; or (c) the holder of such a Claim or Interest has accepted the Plan. The Confirmation Order shall be a judicial determination of the discharge of all Claims and Interests subject to the occurrence of the Effective Date. Releases by the Debtors Pursuant to section 1123(b) of the Bankruptcy Code, for good and valuable consideration, on and after the Effective Date, to each Released Party is deemed released and discharged by the extent legally permissibleDebtors, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases Reorganized Debtors, and their Estates from any and all matters arising out ofCauses of Action, including any derivative claims, asserted on behalf of the Debtors, that the Debtors, the Reorganized Debtors, or related to, their Estates would have been legally entitled to assert in their own right (whether individually or collectively) or on behalf of the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount holder of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amountagainst, or allowance of Claims Interest in, a Debtor or Interests;
2. decide and resolve all matters related to the granting and denyingother Entity, based on or relating to, or in any manner arising from, in whole or in part, any applications for allowance of compensation the Debtors, the Debtors’ in- or reimbursement of expenses to Professionals authorized pursuant to out-of-court restructuring efforts, intercompany transactions, the Bankruptcy Code or Merger, the Plan;
3. resolve any matters related to: (a) Backstop Commitment Agreement, the assumptionChapter 11 Cases, assumption and assignmentthe formulation, preparation, dissemination, negotiation, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 filing of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the PlanRSA, the Disclosure Statement, the Confirmation OrderDIP Facility, orthe Backstop Commitment Agreement, subject to the Plan, or any applicable forum selection clausesRestructuring Transaction, any contract, instrument, release, indenture, or other agreement or document created or entered into in connection with the Plan or RSA, the Disclosure Statement;
15. adjudicate any , the DIP Facility, or the Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of Consummation, the administration and all disputes arising from implementation of the Plan, including the issuance or relating distribution of securities pursuant to distributions the Plan, or the distribution of property under the Plan or any transactions contemplated therein;
16. consider other related agreement, or upon any modifications of the Plan, to cure any defect other act or omission, or to reconcile any inconsistency in any Bankruptcy Court ordertransaction, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretationagreement, implementationevent, or enforcement of the Plan, other occurrence taking place on or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after before the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;.
Appears in 1 contract
Samples: Restructuring Support and Lock Up Agreement (C&J Energy Services Ltd.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allowAllow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Equity Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Equity Interests;
2. decide Decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve Resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure Claims pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V V, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure Ensure that distributions to Holders of Allowed Claims and Equity Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicateAdjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicateAdjudicate, decide, or resolve any and all matters related to retained Causes of Action;
7. Adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
78. enter Enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter Enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue Issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Equity Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.I.1;
1314. enter Enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine Determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementStatement (other than the Exit Facility Credit Agreement and any documents related thereto);
1516. adjudicate Enter an order or Final Decree concluding or closing the Chapter 11 Cases;
17. Adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1618. consider Consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1719. determine Determine requests for the payment of Claims and Equity Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1820. hear Hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1921. hear Hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2022. hear Hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the PlanDebtors’ discharge, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
2123. enforce Enforce all orders previously entered by the injunction, release, and Exculpation provisions set forth in Article VIII of Bankruptcy Court; and
24. Hear any other matter not inconsistent with the Plan;Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring and Lock Up Agreement (Constar International Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. a. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or InterestClaim, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or InterestsClaims;
2. b. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. c. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant any Executory Contracts or Unexpired Leases to Article V the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. d. ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. e. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. f. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. g. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreements, or the PlanAgreement;
8. enter and h. enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. x. xxxxx any consensual request to extend the deadline for assuming or rejecting Unexpired Leases pursuant to section 365(d)(4) of the Bankruptcy Code;
j. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. k. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. l. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. m. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI hereof;
13. n. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. o. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreement;
15. p. enter an order concluding or closing the Chapter 11 Cases;
q. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
16. r. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. s. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. t. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. u. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. v. hear and determine matters concerning exemptions from state and local federal registration requirements in accordance with section 1145 of the Bankruptcy Code;
w. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions, and releases set forth granted in the Plan, including under Article VIII hereof;
x. enforce all orders previously entered by the Bankruptcy Court; and
y. hear any dispute relating to any liability arising out other matter not inconsistent with the Bankruptcy Code. As of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce , notwithstanding anything in this Article XI to the injunctioncontrary, release, the New Organizational Documents and Exculpation the Exit Financing Documents and any documents related thereto shall be governed by the jurisdictional provisions set forth in Article VIII of therein and the Plan;Bankruptcy Court shall not retain jurisdiction with respect thereto.
Appears in 1 contract
Samples: Restructuring Support Agreement (Ultra Petroleum Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
: 1. allow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
; provided that, for the avoidance of doubt, the Bankruptcy Court’s retention of jurisdiction with respect to such matters shall not preclude the Debtors or the Reorganized Debtors, as applicable, from seeking relief from any other court, tribunal, or other legal forum of competent jurisdiction with respect to such matters; 2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
; 3. resolve any matters related to: (a) the assumption, assumption or assumption and assignment, or rejection assignment of any Executory Contract or Unexpired Lease to which a Debtor is a party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Claims related to the rejection of an Executory Contract or Unexpired Lease, Cure Costs pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Confirmation Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the schedule of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
; 4. ensure that adjudicate controversies, if any, with respect to distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of under the Plan;
; 5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
; 6. adjudicate, decide, or resolve any and all matters related to Causes of Action; 7. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7; 8. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8; 9. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9; 10. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Plan Support Agreement (Avaya Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of Following the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over all matters arising from or relating to the Chapter 11 Cases and all matters arising out ofto the fullest extent of applicable law, or related toincluding, the Chapter 11 Cases and the Plan, including jurisdiction towithout limitation:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) To determine the assumptionvalidity under any applicable law, assumption allowability, classification and assignmentpriority of Claims and Interests upon objection, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hearestimate, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 502(c) of the Bankruptcy Code, or the amount of any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease Claim that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, is anticipated to be contingent or supplementing, after the Effective Date, pursuant to Article V unliquidated as of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve (b) To construe and to take any and all matters related to section 1141 of action authorized by the Bankruptcy Code;
7. enter Code and implement requested by the Reorganized Debtors or any other party in interest to enforce this Plan and the documents and agreements filed in connection with this Plan, issue such orders as may be necessary or appropriate to executefor the implementation, implementexecution and consummation of this Plan, or consummate without limiting the provisions generality of the foregoing, orders to expedite regulatory decisions for the implementation of this Plan andand to ensure conformity with the terms and conditions of this Plan, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, such documents and agreements and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) orders of the Bankruptcy CodeCourt, notwithstanding any otherwise applicable non-bankruptcy law;
9. resolve (c) To determine any casesand all applications for allowance of compensation and expense reimbursement of Professionals retained by the Debtors, controversiesthe Reorganized Debtors or the Creditors Committee, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement and for members of the Plan Creditors Committee, for periods on or any Entity’s obligations incurred in connection with before the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, ExculpationsEffective Date, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other request for payment of administrative expenses;
(d) To determine all matters that may arise in connection with be pending before the Bankruptcy Court on or relate to before the Effective Date;
(e) To resolve any dispute regarding the implementation or interpretation of this Plan, the Disclosure Statement, the Confirmation Order, or, subject to or any applicable forum selection clauses, any contract, instrument, release, indenture, or other related agreement or document created in connection with that arises at any time before the Plan or Chapter 11 Cases are closed, including the Disclosure Statementdetermination, to the extent a dispute arises, of the entities entitled to a distribution within any particular Class of Claims and of the scope and nature of the Reorganized Debtors’ obligations to cure defaults under assumed contracts, leases, franchises and permits;
15. adjudicate (f) To determine any and all disputes matters relating to the rejection, assumption or assignment of executory contracts or unexpired leases entered into prior to the Petition Date, the nature and amount of any Cure required for the assumption of any executory contract or unexpired lease, and the allowance of any Claim resulting therefrom, including the amount, validity and treatment under any applicable law of any Claim for damages arising from or relating related to distributions under the Plan or rejection of any transactions contemplated thereinsuch contract (including that certain Call Agreement between Woodbridge International Holdings, Ltd., Woodbridge International Holdings SA, Woodbridge Co. Ltd., Abitibi Consolidated Sales Corp., and ACI, dated September 6, 2001, as amended);
16. consider any modifications of (g) To determine all applications, adversary proceedings, contested matters and other litigated matters that were brought or that could have been brought in the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including on or before the Confirmation OrderEffective Date;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and (h) To determine matters concerning state, local, state and federal taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code;, and to determine any tax claims that may arise against the Debtors or the Reorganized Debtors as a result of the transactions contemplated by this Plan; and
20. hear and determine all disputes involving (i) To modify this Plan pursuant to section 1127 of the existence, natureBankruptcy Code or to remedy any apparent nonmaterial defect or omission in this Plan, or scope of all releases set forth to reconcile any nonmaterial inconsistency in this Plan so as to carry out its intent and purposes. From the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after Confirmation Date through the Effective Date;
21. enforce , the injunction, release, and Exculpation provisions set forth in Article VIII Bankruptcy Court shall retain jurisdiction with respect to each of the Plan;foregoing items and all other matters that were subject to its jurisdiction prior to the Confirmation Date. Nothing contained herein shall be construed to increase, decrease or otherwise modify the independence, sovereignty or jurisdiction of the Bankruptcy Court, the Canadian Court, or any other court or tribunal in the United States or Canada, including the ability of any such court or tribunal to provide appropriate relief under applicable law on an ex parte or “limited notice” basis.
Appears in 1 contract
Samples: Backstop Commitment Agreement (AbitibiBowater Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure Claims pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. enter an order concluding or closing the Chapter 11 Cases;
16. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Plan Support Agreement (Vanguard Natural Resources, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim or Interest and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure or Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ amendingamendment, modifyingmodification, or supplementingsupplement, after the Effective Date, pursuant to Article V ARTICLE V, of the Plan, the Rejected list of Executory Contract Contracts and Unexpired Lease ScheduleLeases to be rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Chapter 11 Cases and (b) the Plan andor the Confirmation Order, subject to any applicable forum selection clauses, all including contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
98. resolve grant any cases, controversies, suits, disputes, consensual request to extend the deadline for assuming or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement rejecting Unexpired Leases pursuant to section 365(d)(4) of the Plan or any Entity’s obligations incurred in connection with the PlanBankruptcy Code;
109. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1110. hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with respect or in any way related to the dischargeChapter 11 Cases, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action including: (a) with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 Section 6.4(a); (b) with respect to the releases, injunctions, and other provisions contained in ARTICLE VIII, including entry of such orders as may be necessary or appropriate to implement such releases, injunctions, and other provisions; (c) that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan or the Confirmation Order, or any Entity’s obligations incurred in connection with the Plan or the Confirmation Order, including those arising under agreements, documents, or instruments executed in connection with the Plan; or (d) related to section 1141 of the Bankruptcy Code;
1311. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
1612. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1913. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2014. enter an order or Final Decree concluding or closing the Chapter 11 Cases;
15. enforce all orders previously entered by the Bankruptcy Court; and
16. hear and determine all disputes involving any other matter not inconsistent with the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after Bankruptcy Code. After the Effective Date;
21. enforce , notwithstanding anything in this ARTICLE XI to the injunctioncontrary, release, any disputes arising under the Amended and Exculpation Restated Credit Documents will be governed by the jurisdictional provisions set forth in Article VIII of the Plan;therein.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after Date for the Effective Date, to the extent legally permissiblePlan, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, after the Chapter 11 Cases and the PlanEffective Date as legally permissible, including jurisdiction to:
1. (i) allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or InterestClaim, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, or allowance priority of Claims or InterestsClaims;
2. decide and resolve all matters related to the granting and denying, in whole (ii) grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or this Plan, for periods ending on or before the PlanEffective Date;
3. (iii) resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, (including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expiredCure Costs);
4. (iv) ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the this Plan;
5. adjudicate, decide, (v) decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, matters and grant or deny any applications involving a Debtor the Debtors that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. (vi) enter and implement such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the this Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, indentures and other agreements or documents created in connection with this Plan, the Disclosure Statement, Statement [and the Restructuring Support Agreements, or the PlanExit Facility];
8. (vii) enter and enforce any order for the related to or otherwise in connection with any sale of property by the Debtors pursuant to sections 363, 1123, 363 or 1146(a) 1123 of the Bankruptcy Code;
9. (viii) decide or resolve any Causes of Action arising under the Bankruptcy Code, including, without limitation, Avoidance Actions and Claims under sections 362, 510, 542 and 543 of the Bankruptcy Code;
(ix) resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummation, interpretation, interpretation or enforcement of the Plan this Plan, or any Person’s or Entity’s obligations incurred in connection with the this Plan;
10. (x) issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Person or Entity with Consummation or enforcement of the this Plan, except as otherwise provided herein;
11. (xi) resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes with respect to the discharge, releases, injunctions, Exculpations, injunction and other provisions contained in Article VIII ARTICLE X of the this Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, injunction and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. (xii) enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, revoked or vacated;
14. (xiii) determine any other matters that may arise in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, [the Exit Facility] or any contract, instrument, release, indenture, indenture or other agreement or document created in connection with the this Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under (xiv) enter order(s) and/or Final Decree(s) concluding the Plan or any transactions contemplated thereinChapter 11 Cases;
16. (xv) hear and determine matters concerning state, local and federal taxes in accordance with sections 346, 505 and 1146 of the Bankruptcy Code;
(xvi) consider any modifications of the this Plan, to cure any defect or omission, or to reconcile any inconsistency in any order of the Bankruptcy Court orderCourt, including the Confirmation Order;; and
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of (xvii) hear any other matter not inconsistent with the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;.
Appears in 1 contract
Samples: Restructuring Support Agreement (DENVER PARENT Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1: 121. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2; 122. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3; 123. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4; 124. ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5; 125. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6; 126. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7; 127. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreements, or the Plan;
8Agreement; 128. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9; 129. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10; 130. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11; 131. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12; 132. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13VI.L hereof; 133. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14; 134. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15, including the Restructuring Support Agreement; 135. enter an order concluding or closing the Chapter 11 Cases; 136. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16Plan; 137. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (5E Advanced Materials, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and this Plan pursuant to sections 105(a) and 1142 of the PlanBankruptcy Code, including jurisdiction to:
: 1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Equity Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Equity Interests;
; 2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the this Plan;
; 3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cure pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
; 4. ensure that distributions to Holders of Allowed Claims and Holders of Allowed Equity Interests are accomplished (as applicable) pursuant to the provisions of the this Plan;
; 5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
; 6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
; 7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the this Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with this Plan, the Confirmation Order, or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
; 8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding Following the entry Effective Date, the Bankruptcy 10.1 Court shall retain jurisdiction over all matters arising from or relating to the Chapter 11 Cases to the fullest extent of applicable law, including, without limitation: To determine the validity under any applicable law, allowability, (a) classification and priority of Claims and Interests upon objection, or to estimate, pursuant to section 502(c) of the Confirmation Order and Bankruptcy Code, the occurrence amount of any Claim that is or is anticipated to be contingent or unliquidated as of the Effective Date; To construe and to take any action authorized by the Bankruptcy (b) Code and requested by the Reorganized Debtors or any other party in interest to enforce this Plan and the documents and agreements filed in connection with this Plan, issue such orders as may be necessary for the implementation, execution and consummation of this Plan, without limiting the generality of the foregoing, orders to expedite regulatory decisions for the implementation of this Plan and to ensure conformity with the terms and conditions of this Plan, such documents and agreements and other orders of the Bankruptcy Court, notwithstanding any otherwise applicable non-bankruptcy law; To determine any and all applications for allowance of (c) compensation and expense reimbursement of Professionals retained by the Debtors, the Reorganized Debtors or the Creditors Committee, and for members of the Creditors Committee, for periods on and after or before the Effective Date, and to determine any other request for payment of administrative expenses; To determine all matters that may be pending before the (d) Bankruptcy Court on or before the Effective Date; To resolve any dispute regarding the implementation or (e) interpretation of this Plan, or any related agreement or document that arises at any time before the Chapter 11 Cases are closed, including the determination, to the extent legally permissiblea dispute arises, of the entities entitled to a distribution within any particular Class of Claims and of the scope and nature of the Reorganized Debtors’ obligations to cure defaults under assumed contracts, leases, franchises and permits; To determine any and all matters relating to the rejection, (f) assumption or assignment of executory contracts or unexpired leases entered into prior to the Petition Date, the nature and amount of any Cure required for the assumption of any executory contract or unexpired lease, and the allowance of any Claim resulting therefrom, including the amount, validity and treatment under any applicable law of any Claim for damages arising from or related to the rejection of any such contract (including that certain Call Agreement between Woodbridge International Holdings, Ltd., Woodbridge International Holdings SA, Woodbridge Co. Ltd., Abitibi Consolidated Sales Corp., and ACI, dated September 6, 2001, as amended); To determine all applications, adversary proceedings, contested (g) matters and other litigated matters that were brought or that could have been brought in the Bankruptcy Court on or before the Effective Date; To determine matters concerning local, state and federal taxes in (h) accordance with sections 346, 505 and 1146 of the Bankruptcy Code, and to determine any tax claims that may arise against the Debtors or the Reorganized Debtors as a result of the transactions contemplated by this Plan; and To modify this Plan pursuant to section 1127 of the Bankruptcy (i) Code or to remedy any apparent nonmaterial defect or omission in this Plan, or to reconcile any nonmaterial inconsistency in this Plan so as to carry out its intent and purposes. From the Confirmation Date through the Effective Date, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may each of the foregoing items and all other matters that were subject to its jurisdiction prior to the Confirmation Date. Nothing contained herein shall be liable in any manner and construed to hearincrease, determinedecrease or otherwise modify the independence, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 sovereignty or jurisdiction of the Bankruptcy CodeCourt, the Canadian Court, or any other matter related to such Executory Contract court or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract tribunal in the United States or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court orderCanada, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination ability of any employee such court or retiree benefit program, regardless of whether such termination occurred prior tribunal to provide appropriate relief under applicable law on an ex parte or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;“limited notice” basis.
Appears in 1 contract
Samples: Backstop Commitment Agreement
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance Allowance of Claims or Interests; provided that, for the avoidance of doubt, the Bankruptcy Court’s retention of jurisdiction with respect to such matters shall not preclude the Debtors or the Reorganized Debtors, as applicable, from seeking relief from any other court, tribunal, or other legal forum of competent jurisdiction with respect to such matters;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: to (ai) the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is a party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant Claims related to section 365 the rejection of the Bankruptcy Codean Executory Contract or Unexpired Lease, Cure Claims, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (cii) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Confirmation Date, the schedule of Executory Contracts and Unexpired Leases to be assumed or rejected pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease ScheduleV; and (diii) any dispute regarding whether a contract or lease is or was executory or expiredunexpired;
4. ensure that adjudicate controversies, if any, with respect to distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the PlanClaims;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to Causes of Action;
7. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
78. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan andPlan, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.J.1;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementSupplement;
1516. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code (including the expedited determination of taxes under section 505(b) of the Bankruptcy Code);
20. hear and determine matters concerning exemptions from state and federal registration requirements in accordance with section 1145 of the Bankruptcy Code;
2021. hear and determine all disputes involving the existence, nature, or scope of all releases the release or exculpation provisions set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
2122. enforce all orders previously entered by the Bankruptcy Court;
23. hear any other matter not inconsistent with the Bankruptcy Code;
24. enter an order concluding or closing the Chapter 11 Cases; and
25. enforce the compromise, settlement, injunction, release, and Exculpation exculpation provisions set forth in Article VIII VIII. Notwithstanding the foregoing, the Bankruptcy Court shall not retain jurisdiction over disputes concerning documents contained in the Plan Supplement or other Definitive Documents that have a jurisdictional, forum selection, or dispute resolution clause that requires actions to be brought in a court other than the Bankruptcy Court and any disputes concerning documents contained in the Plan Supplement or any Definitive Document that contain such clauses shall be governed in accordance with the provisions of the Plan;such documents.
Appears in 1 contract
Samples: Plan Support Agreement (Hertz Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interestagainst a Debtor, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or InterestsClaims;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption or assumption and assignment, or rejection assignment of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure Costs or Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Allowed Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by a Final Order in the Plan andChapter 11 Cases, subject to any applicable forum selection clausesand (b) the Plan, all the Confirmation Order, and contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
98. resolve grant any cases, controversies, suits, disputes, consensual request to extend the deadline for assuming or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement rejecting Unexpired Leases pursuant to section 365(d)(4) of the Plan or any Entity’s obligations incurred in connection with the PlanBankruptcy Code;
109. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1110. hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with respect or in any way related to the dischargeChapter 11 Cases, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action including: (a) with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 VI.F.1 of the Plan;
13; (b) with respect to the releases, injunctions, and other provisions contained in Article VIII of the Plan, including entry of such orders as may be necessary or appropriate to implement such releases, injunctions, and other provisions; (c) that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan, the Confirmation Order, and contracts, instruments, releases, and other agreements or documents created in connection with the Plan; or (d) related to section 1141 of the Bankruptcy Code; Table of Contents 11. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Whiting Petroleum Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan, the Confirmation Order, or the Disclosure Statement, including the Restructuring Support Agreements, or the PlanAgreement;
8. grant any consensual request to extend the deadline for assuming or rejecting Unexpired Leases pursuant to section 365(d)(4) of the Bankruptcy Code;
9. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.L hereof;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreement;
1516. enter an order or final decree concluding or closing the Chapter 11 Cases;
17. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Denbury Resources Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases Case and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allowAllow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide Decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Retained Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve Resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure or Claims arising therefrom, including cure amounts Cure or Claims pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure Ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicateAdjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicateAdjudicate, decide, or resolve any and all matters related to Causes of Action;
7. Adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
78. enter Enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, including, without limitation, the Restructuring Support Agreements, or the PlanAgreement;
89. enter Enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, interpretation or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue Issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve Resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Planrepaid;
1314. enter Enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine Determine any other matters that may arise in connection with or relate to the PlanPlan (including the Plan Supplement), the Disclosure Statement, the Confirmation Order, orthe New Notes and any guarantee thereof, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
1516. adjudicate Enter an order or final decree concluding or closing the Chapter 11 Case;
17. Adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1618. consider Consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1719. determine Determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1820. hear Hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1921. hear Hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2022. hear Hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the PlanDebtor’s discharge, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
2123. enforce Enforce all orders previously entered by the injunction, release, and Exculpation provisions set forth in Article VIII of Bankruptcy Court; and
24. Hear any other matter not inconsistent with the Plan;Bankruptcy Code.
Appears in 1 contract
Samples: Restructuring Support Agreement (Global Brokerage, Inc.)
Retention of Jurisdiction. Notwithstanding The Plan will provide for a broad retention of jurisdiction by the entry Bankruptcy Court for (a) resolution of claims, (b) allowance of compensation and expenses for pre-Effective Date services, (c) resolution of motions, adversary proceedings or other contested matters, (d) entering such orders as necessary to implement or consummate the Plan and any related documents or agreements, and (e) other purposes. Releases by Debtors As of the Confirmation Order Plan Effective Date, except for the rights and remedies that remain in effect from and after the Plan Effective Date to enforce the Plan and the occurrence obligations contemplated by the Definitive Documents and the documents in the Plan Supplement or as otherwise provided in any order of the Effective DateBankruptcy Court, on and after the Plan Effective Date, to the extent legally permissibleReleased Parties will be deemed conclusively, absolutely, unconditionally, irrevocably, and forever released and discharged, by and on behalf of the Debtors, the Bankruptcy Court shall retain such jurisdiction over Reorganized Debtors, and the Chapter 11 Cases Estates, in each case on behalf of themselves and their respective successors, assigns, and representatives and any and all matters arising out ofother Persons that may purport to assert any Cause of Action derivatively, by or through the foregoing Persons, from any and all Claims and Causes of Action (including any derivative claims, asserted or assertable on behalf of the Debtors, the Reorganized Debtors, or related totheir Estates), whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, existing or hereinafter arising, in law, equity, contract, tort, or otherwise, by statute, violations of federal or state securities laws or otherwise that the Debtors, the Chapter 11 Cases and Reorganized Debtors, the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimateEstates, or establish their affiliates would have been legally entitled to assert in their own right (whether individually or collectively) or on behalf of the priority, Secured or unsecured status, or amount holder of any Claim or InterestInterest or other Person, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured based on or unsecured status, priority, amountrelating to, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denyingin any manner arising from, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or Debtors, the Plan;
3. resolve any matters related to: (a) Chapter 11 Cases, the assumptionRestructuring, assumption and assignmentthe purchase, sale, or rejection rescission of the purchase or sale of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 security of the Bankruptcy Code, Debtors or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifyingthe subject matter of, or supplementingthe transactions or events giving rise to, after any Claim or Interest that is treated in the Effective DatePlan, pursuant to Article V the business or contractual arrangements between any Debtor and any Released Party, the restructuring of Claims and Interests before or during the Chapter 11 Cases, the negotiation, formulation, preparation, or consummation of the Plan, the Rejected Executory Contract Restructuring Support Agreement, the Definitive Documents and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of documents in the Plan and, subject to any applicable forum selection clauses, all contractsSupplement or related agreements, instruments, releases, indentures, and or other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreementsrelating thereto, or the Plan;
8. enter and enforce any order for the sale solicitation of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action votes with respect to the dischargePlan, releasesin all cases based upon any act or omission, injunctionstransaction, Exculpationsagreement, event, or other occurrence taking place on or before the Plan Effective Date (such Claims and other provisions contained Causes of Action, the “Debtor Claims”). Notwithstanding anything to the contrary in Article VIII the foregoing, the releases set forth above do not release (a) any post-Plan Effective Date obligations of any party or entity under the Plan, any transaction thereunder, or any document, instrument, or agreement (including those set forth in the Plan Supplement) executed to implement the Plan or (b) any individual from any claim related to an act or omission that is determined by a court of competent jurisdiction to have constituted a criminal act, intentional fraud, gross negligence or willful misconduct. Notwithstanding anything else herein, the holders of First Lien Secured Claims shall not pursue, prosecute or assert any of the Plan and enter such orders as may be necessary Debtor Claims, but shall not waive any entitlement, on account of any First Lien Deficiency Claims, to any recovery resulting from of any party’s pursuit, prosecution, resolution, settlement or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve adjudication of any cases, controversies, suits, disputes, Debtor Claims retained by any entity under or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, if any. Released Parties Means collectively, in each case, solely in their capacities as such: (i) the Disclosure Statement, Debtors; (ii) the Confirmation Order, or, subject Reorganized Debtors; (iii) the Consenting Creditors; (iv) the Sponsors,11 and (v) with respect to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications each of the Planforegoing entities in clauses (i) through (iv), to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;Related Parties.
Appears in 1 contract
Samples: Restructuring Support Agreement
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. a. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. b. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. c. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. d. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. e. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. f. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. g. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with the Plan, the Confirmation Order, or the Disclosure Statement, including the Restructuring Support Agreements, or the PlanAgreement;
8. h. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. i. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. j. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. k. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. l. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.M hereof;
13. m. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. n. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreement;
15. o. enter an order or final decree concluding or closing the Chapter 11 Cases;
p. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
16. q. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. r. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. s. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. t. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. u. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions, and releases set forth granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;
21v. enforce all orders previously entered by the Bankruptcy Court; and
w. hear any other matter not inconsistent with the Bankruptcy Code. enforce the injunction, release, and Exculpation provisions set forth in Article VIII As of the Plan;Effective Date, notwithstanding anything in this Article XII to the contrary, the New Organizational Documents and the Exit Facility and any documents related thereto shall be governed by the jurisdictional provisions therein and the Bankruptcy Court shall not retain jurisdiction with respect thereto.
Appears in 1 contract
Samples: Restructuring Support Agreement (Gulfport Energy Corp)
Retention of Jurisdiction. Notwithstanding the entry Pursuant to sections 105(a) and 1142 of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissibleBankruptcy Code, the Bankruptcy Court shall retain such and shall have exclusive jurisdiction over any matter (a) arising under the Bankruptcy Code, (b) arising in or related to the Chapter 11 Cases and all matters arising out of, Case or related to, the Chapter 11 Cases and the Plan, including jurisdiction toor (c) that relates to the following:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim (i) To hear and the resolution of determine any and all objections to motions or applications pending on the Secured Confirmation Date or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, thereafter brought in whole or in part, any applications accordance with Article XI hereof for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, assignment or rejection of any Executory Contract executory contracts or Unexpired Lease unexpired leases to which any of the Debtors is a Debtor is party or with respect to which a Debtor any of the Debtors may be liable in any manner liable, and to hearhear and determine any and all Claims and any related disputes (including, determinewithout limitation, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 the exercise or enforcement of the Bankruptcy Codesetoff or recoupment rights, or rights against any other matter related to such Executory Contract third party or Unexpired Lease; (b) the property of any potential contractual obligation under third party resulting therefrom or from the expiration, termination or liquidation of any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a executory contract or lease is or was executory or expiredunexpired lease);
4. ensure that distributions to Holders of Allowed Claims (ii) To determine any and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, all adversary proceedings, applications, motions, and contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor matters that may be pending on the Effective Date or that, pursuant to the Plan, may be instituted by the Disbursing Agent or the Debtors, as applicable, after the Effective Date;
6. adjudicate(iii) To hear and determine any objections to the allowance of Claims, decidewhether filed, asserted, or resolve made before or after the Effective Date, including, without express or implied limitation, to hear and determine any objections to the classification of any Claim and all matters related to allow, disallow or estimate any Contested Claim in whole or in part;
(iv) To issue such orders in aid of execution of the Plan to the extent authorized or contemplated by section 1141 1142 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary (v) To consider any modifications of the Plan, remedy any defect or appropriate to execute, implementomission, or consummate the provisions reconcile any inconsistency in any order of the Plan andBankruptcy Court, subject to any applicable forum selection clausesincluding, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statementwithout limitation, the Restructuring Support Agreements, or the PlanConfirmation Order;
8. enter (vi) To hear and enforce determine all Fee Applications and applications for allowances of compensation and reimbursement of any order for other fees and expenses authorized to be paid or reimbursed under the sale of property pursuant to sections 363, 1123, Plan or 1146(a) of the Bankruptcy Code;
9. resolve any cases, (vii) To hear and determine all controversies, suits, disputesand disputes that may relate to, impact upon, or Causes arise in connection with the Plan, the Plan Documents or their interpretation, implementation, enforcement, or consummation;
(viii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or arise in connection with the Confirmation Order (and all exhibits to the Plan and Plan Documents) or its interpretation, implementation, enforcement, or consummation;
(ix) To the extent that Bankruptcy Court approval is required, to consider and act on the compromise and settlement of any Claim or Cause of Action by, on behalf of, or against any Estate;
(x) To determine such other matters that may be set forth in the Plan, or the Confirmation Order, or that may arise in connection with the Consummation, interpretationPlan, or enforcement the Confirmation Order;
(xi) To hear and determine matters concerning state, local, and federal taxes, fines, penalties, or additions to taxes for which the Reorganized GSI Entities, the Debtors, the Debtors in Possession, or the Disbursing Agent may be liable, directly or indirectly, in accordance with sections 346, 505, and 1146 of the Plan Bankruptcy Code;
(xii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or any Entity’s obligations incurred arise in connection with any setoff and/or recoupment rights of the Debtors or any Person under the Plan;
10. (xiii) To hear and determine all controversies, suits, and disputes that may relate to, impact upon, or arise in connection with Causes of Action of the Debtors (but excluding Avoidance Actions) commenced by the Disbursing Agent, the Debtors or any third parties, as applicable, before or after the Effective Date;
(xiv) To enter an order or final decree closing the Chapter 11 Case;
(xv) To issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity Person with Consummation consummation, implementation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. (xvi) To enter any and all appropriate orders necessary to effectuate and otherwise enforce the Disclosure Statement Order and the Confirmation Order; and
(xvii) To hear and determine requests for the payment of Claims any other matters related hereto and Interests entitled to priority pursuant to section 507 of not inconsistent with the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;.
Appears in 1 contract
Samples: Restructuring Plan Support Agreement (Gsi Group Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, after the Chapter 11 Cases and the PlanEffective Date as is legally permissible, including jurisdiction to:
1. allow: Allow, disallow, estimate, determine, liquidate, reduce, classify, estimatere-classify, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, allowance, priority or allowance classification of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole ; Grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve Plan for periods ending on or before the Effective Date; Resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a any Debtor is a party or with respect to which a any Debtor or Reorganized Debtor may be liable in any manner and to hear, determine, determine and, if necessary, liquidate, liquidate any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure Ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, ; Decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, matters and grant or deny any applications Filed in the Bankruptcy Court involving a any Debtor or any Reorganized Debtor that may be pending on the Effective Date;
6. adjudicate, decide, Date or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement brought thereafter; Enter such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, releases and other agreements or documents created entered into or delivered in connection with the Disclosure StatementPlan, the Restructuring Support Agreements, Disclosure Statement or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve Confirmation Order; Resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes that may arise in connection with the Consummationconsummation, interpretation, interpretation or enforcement of the Plan or any contract, instrument, release or other agreement or document that is entered into or delivered pursuant to the Plan or any Entity’s 's rights arising from or obligations incurred in connection with the Plan or such documents; Modify the Plan before or after the Effective Date pursuant to section 1127 of the Bankruptcy Code; modify the Confirmation Order or any contract, instrument, release or other agreement or document entered into or delivered in connection with the Plan;
10. , the Disclosure Statement or the Confirmation Order; or remedy any defect or omission or reconcile any inconsistency in any Bankruptcy Court order, the Plan, the Disclosure Statement, the Confirmation Order or any contract, instrument, release or other agreement or document entered into, delivered or created in connection with the Plan, the Disclosure Statement or the Confirmation Order, in such manner as may be necessary or appropriate to consummate the Plan; Hear and determine any matter, case, controversy, suit, dispute, or Causes of Action regarding the existence, nature and scope of the releases, injunctions, and exculpation provided under the Plan, and issue injunctions, enforce the injunctions contained in the Plan and the Confirmation Order, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to implement, enforce or restrain interference by any Entity with Consummation respect to the consummation, implementation or enforcement of the Plan;
11. resolve any casesPlan or the Confirmation Order, controversies, suits, disputes, or Causes of Action with respect to including the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of exculpation provided under the Plan;
13. enter ; Enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason or in any respect modified, stayed, reversed, revoked, revoked or vacated;
14. determine vacated or distributions pursuant to the Plan are enjoined or stayed; Determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, Order or any contract, instrument, release, indenture, release or other agreement or document created in connection with the Plan entered into or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed delivered in connection with the Plan;
19. hear and determine , the Disclosure Statement or the Confirmation Order; Enforce, clarify or modify any orders previously entered by the Bankruptcy Court in the Chapter 11 Cases; Enter a final decree closing the Chapter 11 Cases; Determine matters concerning state, local, local and federal taxes Taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code;
20, including any Disputed Claims for Taxes; Recover all assets of the Debtors and their Estates, wherever located; and Hear any other matter over which with the Bankruptcy Court has jurisdiction. hear and determine all disputes involving If the existence, natureBankruptcy Court abstains from exercising, or scope of all releases declines to exercise, jurisdiction or is otherwise without jurisdiction over any matter, including the matters set forth in this Section X, the Planprovisions of this Section X shall have no effect upon and shall not control, including prohibit or limit the exercise of jurisdiction by any dispute relating other court having jurisdiction with respect to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;matter.
Appears in 1 contract
Samples: Restructuring Support Agreement (American Apparel, Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance Allowance of Claims or Interests; provided that, for the avoidance of doubt, the Bankruptcy Court’s retention of jurisdiction with respect to such matters shall not preclude the Debtors or the Reorganized Debtors, as applicable, from seeking relief from any other court, tribunal, or other legal forum of competent jurisdiction with respect to such matters;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: to (ai) the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant Claims related to section 365 the rejection of the Bankruptcy Codean Executory Contract or Unexpired Lease, Cure Claims, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (cii) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Confirmation Date, the schedule of Executory Contracts and Unexpired Leases to be assume or rejected pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease ScheduleV; and (diii) any dispute regarding whether a contract or lease is or was executory or expiredunexpired;
4. ensure that adjudicate controversies, if any, with respect to distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the PlanClaims;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to Causes of Action;
7. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
78. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.J.1;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementSupplement;
1516. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code (including the expedited determination of taxes under section 505(b) of the Bankruptcy Code);
20. hear and determine matters concerning exemptions from state and federal registration requirements in accordance with section 1145 of the Bankruptcy Code;
2021. hear and determine all disputes involving the existence, nature, or scope of all releases the release or exculpation provisions set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
2122. enforce all orders previously entered by the Bankruptcy Court;
23. hear any other matter not inconsistent with the Bankruptcy Code;
24. enter an order concluding or closing the Chapter 11 Cases; and
25. enforce the compromise, settlement, injunction, release, and Exculpation exculpation provisions set forth in Article VIII VIII. Notwithstanding the foregoing, the Bankruptcy Court shall not retain jurisdiction over disputes concerning documents contained in the Plan Supplement or other Definitive Documents that have a jurisdictional, forum selection, or dispute resolution clause that allows to be brought in a court other than the Bankruptcy Court and any disputes concerning documents contained in the Plan Supplement or any Definitive Document that contain such clauses shall be governed in accordance with the provisions of the Plan;such documents.
Appears in 1 contract
Samples: Plan Support Agreement (Hertz Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases Cases, the Confirmation Order and this Plan pursuant to sections 105(a) and 1142 of the PlanBankruptcy Code, including jurisdiction to:
1. (a) allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or InterestClaim, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims Claims, provided that any Claim that is Reinstated under this Plan or Intereststhe Confirmation Order shall be litigated in other courts with jurisdiction over such Claims;
2. (b) decide and resolve all matters related to the granting and denying, in whole or in part, of any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code Code, the Confirmation Order or the this Plan;
3. (c) resolve any matters related to: (ai) the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Contracts and Unexpired Lease Leases to which a Debtor is a party or with respect to which a Debtor may be liable in any manner and to hear, determine, determine and, if necessary, liquidate, liquidate any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired LeaseCure Claims; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (dii) any dispute regarding whether a contract or lease is or was executory executory, expired, or expiredterminated; or (iii) any other issue related to any Executory Contracts and Unexpired Leases;
4. (d) resolve any disputes concerning whether an Entity had sufficient notice of the Chapter 11 Cases, the Disclosure Statement, any solicitation conducted in connection with the Chapter 11 Cases, any bar date established in the Chapter 11 Cases, or any deadline for responding or objecting to any Cure Amount, in each case, for the purpose of determining whether a Claim or Interest is discharged hereunder or for any other purpose;
(e) ensure that distributions to Holders of Allowed Claims and or Interests are accomplished pursuant to the provisions of this Plan and adjudicate any and all disputes arising from or relating to distributions under this Plan or the PlanConfirmation Order;
5. (f) adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. (g) adjudicate, decide, or resolve any and all matters related to Causes of Action;
(h) adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. (i) enter and implement such orders Orders as may be necessary or appropriate to execute, implement, or consummate the provisions of this Plan or the Plan and, subject to any applicable forum selection clauses, Confirmation Order and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with this Plan, the Confirmation Order or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. (j) enter and enforce any order Order for the sale of property pursuant to sections 363, 1123, 1123 or 1146(a) of the Bankruptcy Code;
9. (k) resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of this Plan or the Plan Confirmation Order or any Entity’s obligations incurred in connection with this Plan or the PlanConfirmation Order and the administration of the Estates;
10. (l) hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of this Plan, the Plan Supplement, or the Confirmation Order, or any agreement, instrument, or other document governing or relating to any of the foregoing;
(m) issue injunctions, enter and implement other ordersOrders, or take such other actions as may be necessary or appropriate in aid of execution, implementation, or Consummation of this Plan or to restrain interference by any Entity with Consummation or enforcement of this Plan or the PlanConfirmation Order;
11. (n) resolve any matters related to the issuance of the Exit Notes and the New Diamond Common Shares;
(o) resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan this Plan, and enter such orders Orders as may be necessary or appropriate to implement such dischargedischarges, releases, Exculpationsinjunctions, injunctionsexculpations, and other provisions;
12. (p) resolve any cases, controversies, suits, disputes, disputes or Causes of Action with respect to the repayment payment or return non-payment of distributions and the recovery of additional amounts owed General Unsecured Claims by the Holder of a Claim Debtors or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanReorganized Debtors;
13. (q) enter and implement such orders Orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. (r) determine any other matters that may arise in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation OrderOrder or the Plan Supplement; provided, orhowever, subject to any applicable that the Bankruptcy Court shall not retain jurisdiction over disputes concerning documents contained in the Plan Supplement that have a jurisdictional, forum selection clauses, any contract, instrument, release, indentureselection, or other agreement dispute resolution clause that refers disputes to a different court or document created in connection with the Plan or the Disclosure Statementarbitration forum;
15. (s) adjudicate any and all disputes arising from or relating to distributions under this Plan or the Plan Confirmation Order, or any transactions contemplated herein or therein, subject to the proviso in sub-paragraph r above;
16. (t) consider any modifications of the Plan, this Plan to cure any defect or omission, omission or to reconcile any inconsistency in any Bankruptcy Court orderOrder, including the Confirmation Order;
17. (u) determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. (v) resolve disputes as to the ownership of any Claim or Interest;
(w) hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject all matters relating to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the PlanSubordinated Claim;
19. (x) hear and determine matters concerning state, local, federal, and federal foreign taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving (y) grant any consensual request to extend the existencedeadline for assuming or rejecting unexpired leases pursuant to section 365(d)(4) of the Bankruptcy Code;
(z) hear, natureadjudicate, decide, or scope resolve any and all matters related to Article VIII of this Plan, including, without limitation, the releases, discharges, exculpations, and injunctions issued thereunder;
(aa) enforce all releases Orders, judgments, injunctions, releases, exculpations, indemnifications, and rulings previously entered by the Bankruptcy Court in connection with the Chapter 11 Cases;
(bb) hear any other matter not inconsistent with the Bankruptcy Code;
(cc) enter an Order concluding or closing any or all of the Chapter 11 Cases; and
(dd) hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with or in any way related to the Chapter 11 Cases, including with respect to the settlements, compromises, discharges, releases, injunctions, exculpations, and other provisions contained in Article VIII of this Plan, and enter such Orders as may be necessary or appropriate to implement such discharges, releases, injunctions, exculpations, and other provisions. Notwithstanding anything to the contrary in the foregoing, the Exit Facilities Documents and any documents set forth in the PlanPlan Supplement shall be governed by the respective jurisdictional provisions therein. In addition to the foregoing, including any dispute relating to any liability arising out of from the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after Confirmation Date through the Effective Date;
21, the Bankruptcy Court shall retain jurisdiction with respect to all other matters of this Plan that were subject to its jurisdiction prior to the Confirmation Date. enforce the injunction, release, and Exculpation provisions set forth Unless otherwise specifically provided herein or in Article VIII a prior Order of the Plan;Bankruptcy Court, the Bankruptcy Court shall have exclusive jurisdiction to hear and determine disputes concerning Claims against or Interests in the Debtors that arose prior to the Effective Date.
Appears in 1 contract
Samples: Plan Support Agreement (Diamond Offshore Drilling, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on On and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over all matters arising in, arising under, and related to the Chapter 11 Cases and all matters arising out offor, or related toamong other things, the Chapter 11 Cases following purposes:
(a) to hear and determine motions and/or applications for the assumption or rejection of executory contracts or unexpired leases and the allowance, classification, priority, compromise, estimation or payment of Claims resulting therefrom;
(b) to determine any motion, adversary proceeding, application, contested matter and other litigated matter pending on or commenced after the Confirmation Date;
(c) to ensure that distributions to holders of Allowed Claims are accomplished as provided herein;
(d) to consider Claims or the allowance, classification, priority, compromise, estimation or payment of any Claim;
(e) to enter, implement or enforce such orders as may be appropriate in the event the Confirmation Order is for any reason stayed, reversed, revoked, modified or vacated;
(f) to issue injunctions, enter and implement other orders, and take such other actions as may be necessary or appropriate to restrain interference by any person with the consummation, implementation or enforcement of the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimatethe Confirmation Order, or establish any other order of the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or InterestsBankruptcy Court;
2. decide (g) to hear and resolve all matters related determine any application to modify the granting and denying, Plan in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or accordance with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 1127 of the Bankruptcy Code, to remedy any defect or omission or reconcile any inconsistency in the Plan or any other matter related order of the Bankruptcy Court, including the Confirmation Order, in such a manner as may be necessary to such Executory Contract carry out the purposes and effects thereof;
(h) to hear and determine all applications under sections 330, 331 and 503(b) of the Bankruptcy Code for awards of compensation for services rendered and reimbursement of expenses incurred before the Confirmation Date;
(i) to hear and determine disputes arising in connection with the interpretation, implementation or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V enforcement of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) Plan Supplement, the Confirmation Order, any dispute regarding whether a contract transactions or lease is payments contemplated hereby, or was executory any agreement, instrument or expiredother document governing or relating to any of the foregoing;
4. ensure that distributions (j) to Holders take any action and issue such orders as may be necessary to construe, interpret, enforce, implement, execute and consummate the Plan or to maintain the integrity of Allowed Claims the Plan following consummation;
(k) to hear any disputes arising out of, and Interests are accomplished to enforce, the order approving alternative dispute resolution procedures to resolve personal injury, employment litigation and similar claims pursuant to the provisions section 105(a) of the PlanBankruptcy Code;
5. (l) to determine such other matters and for such other purposes as may be provided herein or in the Confirmation Order;
(m) to hear and determine matters concerning state, local and federal taxes in accordance with sections 346, 505 and 1146 of the Bankruptcy Code (including any requests for expedited determinations under section 505(b) of the Bankruptcy Code);
(n) to adjudicate, decide, decide or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective DateCauses of Actions;
6. (o) to adjudicate, decide, decide or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate (p) to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, disputes or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Planrepaid;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate (q) to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
16. consider (r) to hear and determine any modifications other matters related hereto and not inconsistent with the Bankruptcy Code and title 28 of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy United States Code;
18. (s) to enter a final decree closing the Chapter 11 Cases;
(t) to recover all assets of the Debtors and property of the Debtors’ estates, wherever located; and
(u) to hear and determine disputes arising in connection with any rights, Claims or causes of action held by or accruing to the interpretation, implementation, Debtors pursuant to the Bankruptcy Code or enforcement of the Plan, or the Confirmation Order, including, subject pursuant to any applicable forum selection clauses, disputes arising under agreements, documents, federal statute or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;legal theory.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to Bankruptcy Code sections 105(a) and 1142, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interestagainst a Debtor, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or InterestsClaims;
2. decide and resolve all matters related to the granting and or denying, in whole or in part, of any applications for allowance of compensation or reimbursement of expenses to Retained Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption or assumption and assignment, or rejection assignment of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure or Claims arising therefrom, including cure amounts pursuant to Bankruptcy Code section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease365; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications or pleadings involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Plan andChapter 11 Cases and (b) the Plan, subject to any applicable forum selection clausesthe Confirmation Order, all and contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to Bankruptcy Code sections 363, 1123, or 1146(a) of );
8. grant any consensual request to extend the deadline for assuming or rejecting Unexpired Leases pursuant to Bankruptcy CodeCode section 365(d)(4);
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1110. hear, determine, and resolve any cases, matters, controversies, suits, disputes, or Causes of Action in connection with respect or in any way related to the dischargeChapter 11 Cases, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action including: (a) with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 Section 6.4(a) of the Plan; (b) with respect to the releases, injunctions, and other provisions contained in Article VIII of the Plan, entry of such orders as may be necessary or appropriate to implement such releases, injunctions, and other provisions; (c) that may arise in connection with the Consummation, interpretation, implementation, or enforcement of the Plan, the Confirmation Order, and contracts, instruments, releases, and other agreements or documents created in connection with the Plan; or (d) related to Bankruptcy Code section 1141;
1311. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Martin Midstream Partners L.P.)
Retention of Jurisdiction. Notwithstanding Pursuant to sections 105(c) and 1142 of the Bankruptcy Code and notwithstanding the entry of the Confirmation Combined Order and the occurrence of the Effective Date, the Bankruptcy Court shall, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the these Chapter 11 Cases and all Entities with respect to all matters arising out of, or related toto these Chapter 11 Cases, the Chapter 11 Cases Debtors, and the Planthis Plan as legally permissible, including including, without limitation, jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Interest, including including, without limitation, the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, priority of any such Claim or allowance of Claims or InterestsInterest;
2. decide and resolve all matters related to the granting and denying, in whole grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or this Plan, for periods ending on or before the PlanEffective Date, provided that, from and after the Effective Date, the Reorganized Debtors shall pay Professionals in the ordinary course of business for any work performed after the Effective Date and such payment shall not be subject to the approval of the Bankruptcy Court;
3. resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, adjudicate and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Codeincluding, or any other matter without limitation, those matters related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, amendment to this Plan after the Effective Date, pursuant Date to Article V add Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease Schedule; and Leases to be assumed or rejected (d) any dispute regarding whether a contract or lease is or was executory or expiredas applicable);
4. resolve any issues related to any matters adjudicated in these Chapter 11 Cases;
5. ensure that distributions to Holders of Allowed Claims and Allowed Interests are accomplished pursuant to the provisions of the this Plan;
56. adjudicate, decide, decide or resolve any motions, adversary proceedings, contested or litigated matters, and any other mattersCauses of Action that are pending as of the Effective Date or that may be commenced in the future, and grant or deny any applications involving a Debtor the Debtors that may be pending on the Effective Date or instituted by the Reorganized Debtors after the Effective Date;
6. adjudicate, decide, or resolve any provided that the Reorganized Debtors shall reserve the right to commence actions in all appropriate forums and all matters related to section 1141 of the Bankruptcy Codejurisdictions;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, implement or consummate the provisions of the this Plan and, subject to any applicable forum selection clauses, and all other contracts, instruments, releases, indentures, indentures and other agreements or documents created adopted in connection with this Plan, the Plan Supplement, or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action disputes that may arise in connection with the Consummation, interpretation, interpretation or enforcement of the this Plan or any Person’s or Entity’s obligations incurred in connection with this Plan;
9. hear and determine all Causes of Action that are pending as of the PlanEffective Date or that may be commenced in the future;
10. issue injunctionsinjunctions and enforce them, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Person or Entity with Consummation or enforcement of the this Plan;
11. resolve any casesenforce the terms and conditions of this Plan, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, ExculpationsCombined Order, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisionsDefinitive Documents;
12. resolve any cases, controversies, suits, disputes, suits or Causes of Action disputes with respect to the repayment Release, the Exculpation, and other provisions contained in Article IX and enter such orders or return of distributions and the recovery of additional amounts owed by the Holder of a Claim take such others actions as may be necessary or Interest for amounts not timely repaid pursuant appropriate to Article VI.K.1 of the Planimplement or enforce all such provisions;
13. enter and implement such orders or take such other actions as are may be necessary or appropriate if the Confirmation Combined Order is for any reason modified, stayed, reversed, revoked, revoked or vacated;
14. determine resolve any other matters that may arise in connection with or relate to the this Plan, the Disclosure Statement, the Confirmation OrderCombined Order or any release or exculpation adopted in connection with this Plan; and
15. enter an order concluding or closing these Chapter 11 Cases. Notwithstanding the foregoing, or, subject to (i) any applicable forum selection clauses, any contract, instrument, release, indenture, dispute arising under or other agreement or document created in connection with the Plan or Amended and Restated Credit Facility shall be dealt with in accordance with the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications provisions of the Plan, to cure any defect or omissionapplicable document; and (ii) if the Bankruptcy Court abstains from exercising, or declines to reconcile exercise, jurisdiction or is otherwise without jurisdiction over any inconsistency in any Bankruptcy Court ordermatter arising in, arising under, or related to these Chapter 11 Cases, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in this Article X, the Planprovisions of this Article X shall have no effect upon and shall not control, including prohibit, or limit the exercise of jurisdiction by any dispute relating other court having jurisdiction with respect to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;matter.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding Pursuant to sections 105(c) and 1142 of the Bankruptcy Code and notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, the Bankruptcy Court shall, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all Entities with respect to all matters arising out of, of or related to, to the Chapter 11 Cases Cases, the Debtors and the Planthis Plan as legally permissible, including including, without limitation, jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, estimate or establish the priority, Secured priority or secured or unsecured status, or amount status of any Claim or Equity Interest, including including, without limitation, the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured allowance or unsecured status, priority, amount, priority of any such Claim or allowance of Claims or InterestsEquity Interest;
2. decide and resolve all matters related to the granting and denying, in whole grant or in part, deny any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or this Plan, for periods ending on or before the PlanEffective Date; provided that, from and after the Effective Date, the Reorganized Debtors shall pay Professionals in the ordinary course of business for any work performed after the Effective Date and such payment shall not be subject to the approval of the Bankruptcy Court;
3. resolve any matters related to: (a) to the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, adjudicate and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Codeincluding, or any other matter without limitation, those matters related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, amendment to this Plan after the Effective Date, pursuant Date to Article V add Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease Schedule; and Leases to be assumed or rejected (d) any dispute regarding whether a contract or lease is or was executory or expiredas applicable);
4. resolve any issues related to any matters adjudicated in the Chapter 11 Cases;
5. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the this Plan;
56. adjudicate, decide, decide or resolve any motions, adversary proceedings, contested or litigated matters, matters and any other mattersCauses of Action that are pending as of the Effective Date or that may be commenced in the future, and grant or deny any applications involving a Debtor the Debtors that may be pending on the Effective Date or instituted by the Reorganized Debtors after the Effective Date;
6. adjudicate, decide, or resolve any ; provided that the Reorganized Debtors shall reserve the right to commence actions in all appropriate forums and all matters related to section 1141 of the Bankruptcy Codejurisdictions;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such dischargeor consummate the provisions of this Plan and all other contracts, instruments, releases, Exculpations, injunctions, indentures and other provisions;
12agreements or documents adopted in connection with this Plan, the Plan Supplement or the Disclosure Statement; 8. resolve any cases, controversies, suits, disputes, suits or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters disputes that may arise in connection with the Consummation, interpretation or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to enforcement of this Plan or any applicable forum selection clauses, any contract, instrument, release, indenture, Person’s or other agreement or document created Entity’s obligations incurred in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the this Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of Following the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over as is set forth in this Plan. Without in any manner limiting the Chapter 11 Cases scope of the foregoing, the Bankruptcy Court shall retain jurisdiction for the following purposes:
A. To determine the allowability, classification, priority or subordination of Claims and all matters arising out ofInterests upon objection, or related toto estimate, pursuant to section 502(c) of the Code, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, is anticipated to be contingent or supplementing, after unliquidated as of the Effective Date, pursuant or to Article V of hear proceedings to subordinate Claims or Interests brought by any party in interest with standing to bring such objection or proceeding;
B. To construe and to take any action authorized by the Code and requested by the Reorganized Debtors or any other party in interest to enforce this Plan and the documents and agreements filed in connection with this Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement issue such orders as may be necessary or appropriate to executefor the implementation, implementexecution and consummation of this Plan, or consummate including, without limiting the provisions generality of the foregoing, orders to expedite regulatory decisions for the implementation of this Plan andand to ensure conformity with the terms and conditions of this Plan, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, such documents and agreements and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) orders of the Bankruptcy CodeCourt, notwithstanding any otherwise applicable non-bankruptcy law;
9. resolve C. To determine any casesand all applications for allowance of compensation and expense reimbursement of professionals retained by the Debtors, controversiesthe Reorganized Debtors or the Committee, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement and for members of the Plan Committee, for periods on or any Entity’s obligations incurred in connection with before the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, ExculpationsEffective Date, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other request for payment of administrative expenses;
D. To determine all matters that may arise in connection with be pending before the Bankruptcy Court on or relate to before the Effective Date;
E. To resolve any dispute regarding the implementation or interpretation of this Plan, the Disclosure Statement, the Confirmation Order, or, subject to Merger Agreement or any applicable forum selection clauses, any contract, instrument, release, indenture, or other related agreement or document created in connection with that arises at any time before the Plan or Cases are closed, including determination, to the Disclosure Statementextent a dispute arises, of the entities entitled to a distribution within any particular Class of Claims and of the scope and nature of the Reorganized Debtors' obligations to cure defaults under assumed contracts, leases, franchises and permits;
15. adjudicate F. To determine any and all disputes arising from applications pending on the Confirmation Date for the rejection, assumption or relating assignment of executory contracts or unexpired leases entered into prior to distributions under the Plan or Petition Date, and the allowance of any transactions contemplated thereinClaim resulting therefrom;
16. consider any modifications of G. To determine all applications, adversary proceedings, contested matters and other litigated matters that were brought or that could have been brought on or before the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation OrderEffective Date;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and H. To determine matters concerning state, local, state and federal taxes in accordance with sections 346, 505, 505 and 1146 of the Bankruptcy Code, and to determine any tax claims that may arise against the Debtors or Reorganized Debtors as a result of the transactions contemplated by this Plan;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including I. To resolve any dispute relating to any liability arising out of actions taken by the termination Estate Representative;
J. To modify this Plan pursuant to section 1127 of employment the Code, or to remedy any apparent nonmaterial defect or omission in this Plan, or to reconcile any nonmaterial inconsistency in this Plan so as to carry out its intent and purposes; and
K. For such other purposes as may be provided for in the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior Confirmation Order. Prior to or after the Effective Date;
21. enforce , the injunction, release, and Exculpation provisions set forth in Article VIII Bankruptcy Court shall retain jurisdiction with respect to each of the Plan;foregoing items and all other matters that were subject to its jurisdiction prior to the Confirmation Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mobilemedia Communications Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreements, or the PlanAgreement;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.L hereof;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement, including the Restructuring Support Agreement;
15. enter an order concluding or closing the Chapter 11 Cases;
16. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPlan;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
1819. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Plan;
1920. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
2021. hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions, and releases set forth granted in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit programunder Article VIII hereof, regardless of whether such termination occurred prior to or after the Effective Date;
2122. enforce all orders previously entered by the injunction, release, and Exculpation provisions set forth in Article VIII Bankruptcy Court; and
23. hear any other matter not inconsistent with the Bankruptcy Code. As of the Plan;Effective Date, notwithstanding anything in this Article XI to the contrary, the New Organizational Documents and the Exit Facility and any documents related thereto shall be governed by the jurisdictional provisions therein and the Bankruptcy Court shall not retain jurisdiction with respect thereto.
Appears in 1 contract
Samples: Restructuring Support Agreement (Jones Energy, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters matters, arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured Unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, assignment or rejection of any Executory Contract or Unexpired Lease to which a Debtor is a party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Claims related to the rejection of an Executory Contract or Unexpired Lease, Cure Claims pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Confirmation Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed and assigned or rejected or otherwise; and (dc) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to Causes of Action by or against the Debtors;
7. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
78. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
89. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
910. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
1011. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
1112. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the dischargesettlements, compromises, discharges, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
1213. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Planhereof;
1314. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
1415. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure StatementSupplement;
1516. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
1617. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
1718. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases the release provisions set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. resolve any matters related to the Unsecured Creditor Distribution Trust;
22. enforce all orders previously entered by the Court;
23. hear any other matter not inconsistent with the Bankruptcy Code;
24. enter an order concluding or closing the Chapter 11 Cases; and
25. enforce the injunction, release, and Exculpation exculpation provisions set forth in Article VIII hereof. As of the Plan;Effective Date, notwithstanding anything in this Article XI to the contrary, the Exit Financing Documents shall be governed by the respective jurisdictional provisions therein.
Appears in 1 contract
Samples: Restructuring Support Agreement (Magnum Hunter Resources Corp)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim or Interest and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related toto Executory Contracts or Unexpired Leases, including: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Cure or Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ amendingamendment, modifyingmodification, or supplementingsupplement, after the Effective Date, pursuant to Article V ARTICLE V, of the Plan, the Rejected list of Executory Contract Contracts and Unexpired Lease ScheduleLeases to be rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan and adjudicate any and all disputes arising from or relating to distributions under the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of (a) contracts, instruments, releases, indentures, and other agreements or documents approved by Final Order in the Chapter 11 Cases and (b) the Plan andor the Confirmation Order, subject to any applicable forum selection clauses, all including contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
87. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPrepackaged Plan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction toand to the fullest extent permissible by 28 U.S.C. § 1334 to hear, and by 28 U.S.C. § 157 to determine, all proceedings in respect thereof, including, without limitation, for the following purposes:
1. (a) allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. (b) decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Prepackaged Plan;
3. (c) resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts Cures pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. (d) to resolve disputes concerning Disputed Claims and consider the allowance, classification, priority, compromise, estimation, secured or unsecured status, amount or payment of any Claim, including any Administrative Claims, including any dispute over the application to any Claim of any limitation on its allowance set forth in sections 502 or 503 of the Bankruptcy Code or asserted under non-bankruptcy Law pursuant to section 502(b)(1) of the Bankruptcy Code;
(e) ensure that distributions to Holders holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Prepackaged Plan;
5. (f) adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. (g) adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. (h) enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Prepackaged Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created or entered into in connection with the Prepackaged Plan or the Disclosure Statement, including the Restructuring Support Agreements, or the PlanAgreement;
8. (i) enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. (j) resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Prepackaged Plan or any Entity’s obligations incurred in connection with the Prepackaged Plan;
10. (k) issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Prepackaged Plan;
11. (l) resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpationsexculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. (m) resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVII.F hereof;
13. (n) enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. (o) determine any other matters that may arise in connection with or relate to the Prepackaged Plan, the Plan Supplement, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Prepackaged Plan or the Disclosure Statement, including the Restructuring Support Agreement;
15. (p) enter an order concluding or closing the Chapter 11 Cases;
(q) adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated thereinPrepackaged Plan;
16. (r) consider any modifications of the PlanPrepackaged Plan in accordance with section 1127 of the Bankruptcy Code, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. (s) determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. (t) hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, Prepackaged Plan or the Confirmation Order, including, subject to any applicable forum selection clauses, including disputes arising under agreements, documents, or instruments executed in connection with the Prepackaged Plan;
19. (u) hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. (v) to recover all assets of the Debtors and property of the Debtors’ Estates, wherever located;
(w) hear and determine all disputes involving the existence, nature, scope, or scope enforcement of all any exculpations, discharges, injunctions, and releases set forth granted in the Prepackaged Plan, including under Article VIII hereof;
(x) enforce all orders previously entered by the Bankruptcy Court; and
(y) hear any dispute relating to any liability arising out other matter not inconsistent with the Bankruptcy Code. As of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce , notwithstanding anything in this Article XI to the injunctioncontrary, releasethe New Corporate Governance Documents, the New Common Interests, New Exit Facility, and Exculpation any documents related thereto shall be governed by the jurisdictional provisions set forth in Article VIII of therein and the Plan;Bankruptcy Court shall not retain jurisdiction with respect thereto.
Appears in 1 contract
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related relating to, the Chapter 11 Cases and the PlanPlan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure Cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assignedassumed; (c) the Reorganized Debtors’ Debtors amending, modifying, or supplementing, after the Effective Date, pursuant to Article V hereof, any Executory Contracts or Unexpired Leases to the list of the Plan, the Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases to be assumed or rejected or otherwise; and (d) any dispute regarding whether a contract or lease is or was executory or expired;
4. ensure that distributions to Holders holders of Allowed Claims and Allowed Interests (as applicable) are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Plan or the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan hereof and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the PlanVI.K hereof;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, or any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. enter an order concluding or closing the Chapter 11 Cases;
16. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Plan Support Agreement (Vanguard Natural Resources, Inc.)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters matters, arising out of, or related to, the Chapter 11 Cases and the PlanPlan to the fullest extent allowed by applicable law, including jurisdiction to:
1. allowAllow, disallowDisallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured Unsecured status, or amount of any Claim or Interestagainst a Debtor, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections relating to any of the Secured or unsecured status, priority, amount, or allowance of Claims or Interestsforegoing;
2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the PlanProfessionals;
3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant Claims related to section 365 the rejection of the Bankruptcy Codean Executory Contract or Unexpired Lease, any Cure Claims, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract the Debtors or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ , as applicable, amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Schedule of Assumed Executory Contracts and Unexpired Leases or the Schedule of Rejected Executory Contract Contracts and Unexpired Lease ScheduleLeases; and (dc) any dispute regarding whether a contract or lease is or was executory an Executory Contract or expiredUnexpired Lease;
4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan;
5. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan;
8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan;
10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan;
11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract
Samples: Restructuring Support Agreement (Petroquest Energy Inc)
Retention of Jurisdiction. Notwithstanding the entry of the Confirmation Combined Order and the occurrence of the Effective Date, on and after the Effective Date, except to the extent legally permissibleset forth herein or under applicable federal law, the Bankruptcy Court shall retain such exclusive jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and this Plan pursuant to sections 105(a) and 1142 of the PlanBankruptcy Code, including jurisdiction to:
1. A. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured secured or unsecured status, priority, amount, or allowance of Claims or Interests;
2. B. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Retained Professionals authorized pursuant to the Bankruptcy Code or the this Plan;
3. C. resolve any matters related to: (a1) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims Cure Costs arising therefrom, including cure amounts Cure Costs pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b2) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Scheduleassumed; and (d3) any dispute regarding whether a contract or lease is or was executory or expired;
4. D. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of this Plan and the PlanCombined Order;
5. E. adjudicate, decide, or resolve any motions, adversary proceedings, contested contested, or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date;
6. F. adjudicate, decide, or resolve any and all matters related to Causes of Action;
G. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code;
7. H. resolve any cases, controversies, suits, or disputes that may arise in connection with any Claims, including claim objections, allowance, disallowance, estimation, and distribution;
I. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of this Plan, the Plan andCombined Order, subject to any applicable forum selection clauses, and all contracts, instruments, releases, indentures, and other agreements or documents created in connection with this Plan, the Combined Order, or the Disclosure Statement, including the Restructuring Transaction Support Agreements, or the Plan;
8. Agreement; J. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code;
9. ; K. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, interpretation or enforcement of this Plan, the Combined Order, or any contract, instrument, release or other agreement or document that is entered into or delivered pursuant to this Plan or the Combined Order, or any Entity’s rights arising from or obligations incurred in connection with this Plan or the PlanCombined Order;
10. L. issue injunctions, enter and implement other orders, orders or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of this Plan or the Plan;
11. Combined Order; M. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the this Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions;
12. ; N. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Planrepaid;
13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated;
14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement;
15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein;
16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order;
17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code;
18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan;
19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code;
20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date;
21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;
Appears in 1 contract