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. 12.2. In the event that any of the debtors makes payment to the purchaser, the purchaser shall pay the same to the seller within 7 days of receipt.
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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
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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. ‌ 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. (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. As long as this Agreement has not been terminated, the Debtors agree to:
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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 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 13.2 If it becomes apparent to the Buyer that recovery of any of the book debts is not likely to be possible within ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . 13.3 Where a debtor who has so failed to pay, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 13.4 Unless the debtor shows a contrary intention when making payment, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 13.5 The Seller may inspect the books of the Buyer for ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ [ 12 ■ ■ ■ ■ ] ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■

  • 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).

  • 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;

  • 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. 4.2 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Contractor to provide such further documentary and oral evidence as it may reasonably require to verify its liability to pay the amount which is disputed or subject to question and the Contractor shall promptly provide such evidence in a form satisfactory to the Authority. 4.3 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder. 4.4 If any invoice rendered by the Contractor is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Contractor shall forthwith repay such part to the Authority. 4.5 The Authority shall be entitled to deduct from sums due to the Contractor by way of set-off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.

  • CLAIMS OF CREDITORS The Contract Value and other benefits under this Contract are exempt from the claims of creditors to the extent permitted by law.

  • Derivative Claims No Shareholder shall have the right to bring or maintain any court action, proceeding or claim on behalf of the Trust or any series or class of Shares without first making demand on the Trustees requesting the Trustees to bring or maintain such action, proceeding or claim. Such demand shall not be excused under any circumstances, including claims of alleged interest on the part of the Trustees, unless the plaintiff makes a specific showing that irreparable nonmonetary injury to the Trust or series or class of Shares would otherwise result. Such demand shall be mailed to the Secretary of the Trust at the Trust's principal office and shall set forth with particularity the nature of the proposed court action, proceeding or claim and the essential facts relied upon by the Shareholder to support the allegations made in the demand. The Trustees shall consider such demand within 45 days of its receipt by the Trust. In their sole discretion, the Trustees may submit the matter to a vote of Shareholders of the Trust or a series or class of Shares, as appropriate. Any decision by the Trustees to bring, maintain or settle (or not to bring, maintain or settle) such court action, proceeding or claim, or to submit the matter to a vote of Shareholders, shall be binding upon the Shareholders. Any decision by the Trustees to bring or maintain a court action, proceeding or suit on behalf of the Trust or a series or class of Shares shall be subject to the right of the Shareholders under Article V hereof to vote on whether or not such court action, proceeding or suit should or should not be brought or maintained.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

  • Claims and Proceedings 14 3.17 Taxes...................................................................15 3.18 Personnel...............................................................16

  • No Actions, Claims, Etc As of the date hereof, each of the Loan Parties hereby acknowledges and confirms that it has no knowledge of any actions, causes of action, claims, demands, damages and liabilities of whatever kind or nature, in law or in equity, against the Administrative Agent, the Lenders, or the Administrative Agent’s or the Lenders’ respective officers, employees, representatives, agents, counsel or directors arising from any action by such Persons, or failure of such Persons to act under the Credit Agreement on or prior to the date hereof.

  • NO EXTRA CLAIMS The Employees and the Union shall not pursue any extra claims, either Award or over Award for the life of the Agreement. Without limiting the generality of the foregoing, there shall be no industrial action for the purpose of supporting or advancing claims against the company in relation to the above, until the Agreement's nominal expiry date has passed. Where any disagreement arises, the parties shall follow the Dispute Settlement Procedure contained in this Agreement.

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