The Debtors Sample Clauses

The Debtors. 12.1. It is specifically recorded that the debtors have not been acquired by the purchaser in terms of this agreement.
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The Debtors. (i) shall have filed a modified Plan which (a) provides the Century Entities with the benefits and protections of the Channeling Injunction, which benefits and protections are no less favorable to the Century Entities than those provided under the Eighth Modified Plan of Reorganization and are in form and substance acceptable to the Century Entities, (b) provides, in a form reasonably acceptable to Century Indemnity Company, for an injunction pursuant to Section 105(a) of the Bankruptcy Code that permanently enjoins all holders of Claims not channeled by the Channeling Injunction from asserting against the Century Entities any such Claims, provided that they arise out of or relate to the Subject Policies or the insuring relationship of the Century Entities with the Congoleum Entities, (c) provides, in a form reasonably acceptable to Century Indemnity Company, for the granting of a full and complete release by each claimant that receives a distribution under the Plan from the Trust of all Claims (including without limitation any and all claims against the Century Entities, the Congoleum Entities and the Additional Named Insureds), arising from, relating to, or involving the manufacture, sale, distribution, installation, formulation, marketing, transport, handling or any other activity involving any asbestos containing products of the Congoleum Entities or their premises to the extent such Claim arises from, relates to or involves exposure to asbestos, including without limitation, any operation claims, contribution claims, direct action claims, insurance coverage claims and that such modifications as are necessary are made to the Disclosure Statement and otherwise to cause such consent to be effective; provided, however, that any Person who files an objection to the Section 363 sale provisions of the Approval Order shall be denied the benefits of the release otherwise to be conferred by this Section II.E(c) with Century Indemnity Company and the Debtors having the joint right to waive this requirement; (d) provides that the Reorganized Debtors will not in any way voluntarily assist any person or entity in the establishment of any right, action, cause of action or claim against the Century Entities in anyway relating to any Asbestos Claim or other Claim released under this Settlement and Buyback Agreement; and (e) the terms of which Plan shall be consistent with the rights and benefits provided to the Century Entities under this Settlement and Buyback Agreem...
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The Debtors.  ASEC Manufacturing General Partnership, 05-44482  Delphi Furukawa Wiring Systems LLC, 00-00000     ASEC Sales General Partnership, 05-44484 Aspire, Inc, 05-44618 Delco Electronics Overseas Corporation, 05-44610 Delphi Automotive Systems (Holding), Inc.,     Delphi Integrated Service Solutions, Inc., 05-44623 Delphi International Holdings Corp., 05-44591 Delphi International Services, Inc., 05-44583 Delphi Liquidation Holding Company, 05-44542 05-44596  Delphi Automotive Systems Global (Holding), Inc., 05-44636  Delphi LLC, 00-00000  Xxxxxx Automotive Systems Human Resources LLC, 05-44639  Delphi Mechatronic Systems, Inc., 05-44567  Delphi Automotive Systems International, Inc., 05-44589  Delphi Medical Systems Colorado Corporation, 05-44507  Delphi Automotive Systems Korea, Inc., 05-44580  Delphi Medical Systems Corporation, 00-00000  Xxxxxx Automotive Systems LLC, 05-44640  Delphi Medical Systems Texas Corporation, 05-44511  Delphi Automotive Systems Overseas Corporation, 00-00000  Xxxxxx XX Holding Corporation, 05-44480  Delphi Automotive Systems Risk Management Corp., 05-44570  Delphi Receivables LLC, 05-47459  Delphi Automotive Systems Services LLC, 05-44632  Delphi Automotive Systems Tennessee, Inc., 05-44558  Delphi Automotive Systems Thailand, Inc., 05-44586  Delphi Services Holding Corporation, 05-44633  Delphi Technologies, Inc., 05-44554  DREAL, Inc., 00-00000   Delphi China LLC, 05-44577 Delphi Connection Systems, 00-00000   Environmental Catalysts, LLC, 05-44503 Exhaust Systems Corporation, 00-00000  Xxxxxx Corporation, 05-44481  MobileAria, Inc., 00-00000  Xxxxxx Diesel Systems Corp., 05-44612  Packard Xxxxxx Interconnect Company, 00-00000  Xxxxxx Electronics (Holding) LLC, 05-44547  Specialty Electronics International Ltd., 05-44536  Delphi Foreign Sales Corporation, 05-44638  Specialty Electronics, Inc., 05-44539 ARTICLE I
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The Debtors. As long as this Agreement has not been terminated, the Debtors agree to:
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The Debtors. (a) agree that they have received notice sufficient for compliance with Sections 9-620 and 9-621 of the UCC and, in the alternative, hereby expressly waive (i) any requirement for receipt of such notice and any right to notification of sale, transfer, conveyance or surrender of the Foreclosed Collateral pursuant to Sections 9-620 and 9-621 of the UCC, and (ii) any remedies, rights, defenses or actions they might have as a result of failure to have received such notice; (b) waive the right to redeem the Foreclosed Collateral under Section 9-623 of the UCC or otherwise; (c) waive any right to object to the sale, transfer, conveyance or surrender of the Foreclosed Collateral pursuant to Section 9-620 of the UCC or otherwise; (d) waive any obligation of MTBC to dispose of the Foreclosed Collateral; (e) waive any other right, whether legal or equitable, that they may have in and to the Foreclosed Collateral; and (f) agree that the transactions contemplated herein are commercially reasonable. The Debtors acknowledge and agree that the waivers set forth in this Section and elsewhere in this Agreement constitute material consideration for the agreement of MTBC to execute and deliver this Agreement.
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The Debtors. The Debtors will use the proceeds of their respective Loans and any Letters of Credit issued hereunder (a) which are incurred on the Closing Date (net of any amounts used on the Closing Date to pay Fees) to repay in full the Prior Lender Obligations (including the Canadian Prior Lender Obligations), and (b) thereafter, (x) for working capital and general corporate purposes consistent with the Budget, including for the payment of certain fees and expenses of professionals retained by the Debtors, subject to the Carve-Out Amount, but excluding in any event the making of any Dividends or other distributions not specifically permitted in Section 6.08 and (y) to pay the costs and expenses related to the administration of the Chapter 11 Cases and for payment of certain other Pre-Petition expenses as contemplated in the Budget and as approved by the U.S. Bankruptcy Court and consented to by the US Administrative Agent. The Debtors may also use Letters of Credit issued hereunder to support obligations to pooled groups of vendors pursuant to Letter of Credit documentation acceptable to the applicable Issuing Bank. The Debtors shall not be permitted to use the proceeds of the Loans or any Letter of Credit: (i) for the payment of interest and principal with respect to subordinated debt or any other Pre-Petition Indebtedness of the Borrowers or any other Loan Party (except, as contemplated in the Budget and as approved by the U.S. Bankruptcy Court and the US Administrative Agent, for: (1) Pre-Petition employee wages, benefits and related employee taxes as of the Petition Date; (2) Pre-Petition sales, use and real property taxes; (3) Pre-Petition amounts due in respect of insurance financings; (4) amounts approved in accordance with other “first day orders” reasonably satisfactory to the US Administrative Agent; and (5) cure amounts reasonably acceptable to the US Administrative Agent under leases and executory contracts assumed with the approval of the U.S. Bankruptcy Court), (ii) to finance in any way any adversary action, suit, arbitration, proceeding, application, motion or other litigation of any type relating to or in connection with the Pre-Petition Credit Agreement of any of the loan documents or instruments entered in connection therewith, including without limitation, any challenges to the Prior Lender Obligations under the Pre-Petition Credit Agreement, or the validity, perfection, priority or enforceability of any Lien securing such claims or any payment ma...
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The Debtors. ‌ There are a total of four (4) Debtors. Each Debtor has been assigned a number below for the purposes of classifying and treating Claims against and Interests in each Debtor. The Claims against and Interests in each Debtor, in turn, have been assigned to separate lettered Classes with respect to each Debtor based on the type of Claim or Interest involved. Accordingly, the classification of any particular Claim or Interest in any of the Debtors depends on the particular Debtor against which such Claim is asserted or in which such Interest is held and the type of Claim or Interest in question. The numbers applicable to the various Debtors are as follows: Number Debtor Name 1 Alsacia 2 Express 3 Panamerican 4 Eco Uno
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The Debtors 
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Related to The Debtors

  • DEBTORS 13.1. The Buyer shall use all reasonable effort to collect the debts on ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • New Debtor In the event that the Seller shall change the jurisdiction in which it is formed or otherwise enter into any transaction which would result in a “new debtor” (as defined in the UCC) succeeding to the obligations of the Seller hereunder, the Seller shall comply fully with the obligations of Section 4.02(a).

  • Bankruptcy Court Matters Promptly, copies of all pleadings, motions, applications, and other documents filed by any Credit Party with the Bankruptcy Court or distributed by any Credit Party to the office of the United States Trustee or to any official committee of creditors or interest holders.

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

  • Bankruptcy Court Order The Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, is in full force and effect, and has not been reversed, stayed, modified or amended absent the consent of the Agent and the Borrower.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Claims and Settlements Each party shall, within five (5) days after the making of any claim under the Bond, provide UMB Fund Services, Inc. (“UMBFS”) with written notice of the amount and nature of such claim, and UMBFS will provide written notice to all other parties within five (5) days of receipt. Each party shall, within five (5) days of the receipt thereof, provide UMBFS with written notice of the terms of settlement of any claim made under the Bond by such party, and UMBFS will provide written notice to all other parties within five (5) days of receipt. In the event that two or more parties shall agree to settlement with the fidelity company of a claim made under the Bond with respect to a single loss, such parties shall, within five days after settlement, provide UMBFS with written notice of the amounts to be received by each claiming party under Section 4 hereof, and UMBFS will provide written notice to all other parties within five (5) days of receipt. The officer(s) of the respective parties designated as responsible for filing notices required by paragraph (g) of the Rule 17g-1 under the Act shall give and receive any notice required hereby.

  • Causes of Action All causes of action and claims (including, without limitation, all causes of action or claims arising in tort, by contract, by fraud or by concealment of material fact) against any Person for damages or injury to the Property or in connection with any transactions financed in whole or in part by the proceeds of the Loan (“Cause of Action”);

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.

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