EXECUTION VERSION PLAN SUPPORT AGREEMENT PLAN SUPPORT AGREEMENT (this "AGREEMENT"), dated as of November 23, 2008, among (i) Lenox, Incorporated, a New Jersey corporation, D 56, Inc., a Minnesota corporation, and Lenox Retail, Inc., a Minnesota...Plan Support Agreement • November 26th, 2008 • Lenox Group Inc • Pottery & related products • New York
SECOND AMENDED AND RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • March 10th, 2021 • Garrett Motion Inc. • Motor vehicle parts & accessories • New York
This Second Amended and Restated Plan Support Agreement, dated as of March 9, 2021 (including all exhibits and schedules attached hereto and in accordance with Section 2, this “Agreement”), amends and restates in its entirety that certain Amended and Restated Plan Support Agreement, dated February 15, 2021 (the “A&R Plan Support Agreement”), and is entered into by and among the following parties (each of the foregoing described in sub-clauses (1) through (7), and any person or entity that becomes a party hereto in accordance with the terms hereof, a “Party” and, collectively, the “Parties”):
PLAN SUPPORT AGREEMENT AS TO PLAN TREATMENT OF PUBLIC ENTITY’S WILDFIRE CLAIMSPlan Support Agreement • June 19th, 2019 • PACIFIC GAS & ELECTRIC Co • Electric & other services combined • California
This PLAN SUPPORT AGREEMENT (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of June 18, 2019, is entered into by and among the following parties:
PLAN SUPPORT AGREEMENTPlan Support Agreement • November 27th, 2017 • New York
This PLAN SUPPORT AGREEMENT (including all exhibits and schedules attached hereto, this “Agreement”) is made and entered into as of November [•], 2017, by and among: (i) Oi S.A. – under Judicial Reorganization (the “Company”), (ii) Telemar Norte Leste S.A. – under Judicial Reorganization (“Telemar”), (iii) Oi Móvel S.A. – under Judicial Reorganization (“Oi Móvel”), (iv) Copart 4 Participações S.A. – under Judicial Reorganization (“Copart 4”),
AMENDED AND RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • September 20th, 2016 • Energy Future Competitive Holdings Co LLC • Electric services • Delaware
This AMENDED AND RESTATED PLAN SUPPORT AGREEMENT (including all exhibits attached hereto, as may be amended, modified or supplemented from time to time in accordance with the terms hereof, this “Agreement”) is made and entered into as of September 19, 2016, by and among: (a) (i) Energy Future Holdings Corp., a Texas corporation (“EFH Corp.”); (ii) Energy Future Intermediate Holding Company LLC (“EFIH”), a Delaware limited liability company and a direct, wholly-owned subsidiary of EFH Corp.; (iii) EFIH Finance Inc. (“EFIH Finance,” and together with EFIH, the “EFIH Debtors”), a Delaware corporation and a direct, wholly-owned subsidiary of EFIH; and (iv) each of EFH Corp.’s other direct and indirect subsidiaries listed on the signature pages hereto (each of the foregoing entities identified in subclauses (i) through (iv) an “EFH/EFIH Debtor” and, collectively, the “EFH/EFIH Debtors”), (b) the undersigned funds and accounts advised or sub-advised by Fidelity Management & Research Company
EX-99.2 3 dex992.htm PLAN SUPPORT AGREEMENT EXECUTION DRAFT IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION In re: ) Case No. 07-33849 ) Jointly Administered MOVIE GALLERY, INC., et al.,1 ) Chapter 11 )...Plan Support Agreement • May 5th, 2020 • New York
THIS IS NOT A SOLICITATION OF ACCEPTANCES OR REJECTIONS OF THE PLAN. ACCEPTANCES OR REJECTIONS MAY NOT BE SOLICITED UNTIL THE DISCLOSURE STATEMENT HAS BEEN APPROVED BY THE BANKRUPTCY COURT.
AMENDED & RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • September 17th, 2015 • Energy Future Holdings Corp /TX/ • Electric services • Delaware
This PLAN SUPPORT AGREEMENT (this “Agreement”)1 is made and entered into as of September 11, 2015 (the “Agreement Effective Date”), by and among the following parties:
EX-10.1 2 d324327dex101.htm PLAN SUPPORT AGREEMENT AMENDED AND RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • May 5th, 2020 • New York
This PLAN SUPPORT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of March 23, 2012 (the “Execution Date”) is entered into by and among: (i) Nebraska Book Company, Inc. (“NBC”); Campus Authentic LLC; College Bookstores of America, Inc.; NBC Acquisition Corp. (“NBC Acquisition Corp.”); NBC Holdings Corp. (“NBC Holdings”); NBC Textbooks LLC; Net Textstore LLC; and Specialty Books, Inc. (collectively, the “Company”); (ii) Standard General Master Fund L.P, J.P. Morgan Investment Management, Inc., and Cerberus Series Four Holdings, LLC (the “Consenting Cross Holders,”) in their capacity as holders of, or investment advisors of, (A) NBC’s 10% senior secured notes due 2011 (collectively, the “10% Notes”) and (B) NBC’s 8.625% senior subordinated notes due 2012 (collectively, the “8.625% Notes”); and (iii) those certain holders of 10% Notes signatory hereto, excluding the Consenting Cross Holders (collectively, the “Consenting 10% Notehol
Commonwealth of Puerto Rico Title III Case: Plan Support AgreementPlan Support Agreement • June 16th, 2019
– $35 billion of funded bond debt and unsecured claims and $55 billion in pension obligations are expected to be adjusted through the Commonwealth Plan of Adjustment
PLAN SUPPORT AGREEMENTPlan Support Agreement • May 19th, 2021 • Hertz Corp • Services-auto rental & leasing (no drivers) • New York
The Hertz Corporation and its Debtor Affiliates hereby propose this First Modified Third Amended Joint Plan of Reorganization. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Bankruptcy Code. Holders of Claims and Interests may refer to the Disclosure Statement for a discussion of the Debtors’ history, businesses, assets, results of operations, historical financial information, and projections of future operations, as well as a summary and description of the Plan. The Debtors are the proponents of the Plan within the meaning of section 1129 of the Bankruptcy Code. Although proposed jointly for administrative purposes, the Plan shall apply as a separate Plan for each of the Debtors, and the classification of Claims and Interests set forth herein shall apply separately to each of the Debtors.
AMENDED AND RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • March 21st, 2013 • Roust Trading Ltd. • Wholesale-beer, wine & distilled alcoholic beverages • New York
this Plan Support Agreement is not an offer or a solicitation with respect to any securities of the company or a solicitation of votes with respect to a chapter 11 plan within the meaning of section 1125 of the bankruptcy code. nothing herein shall be deemed to be the solicitation of an acceptance or rejection of a chapter 11 plan. any such offer or solicitation will comply with all applicable securities laws and/or provisions of the bankruptcy code.
PLAN SUPPORT AGREEMENTPlan Support Agreement • July 9th, 2019 • Vanguard Natural Resources, Inc. • Crude petroleum & natural gas • Texas
This PLAN SUPPORT AGREEMENT (including all exhibits, annexes, and schedules hereto in accordance with Section 13.02, this “Agreement”) is made and entered into as of May 8, 2019 (the “Execution Date”), by and among the following parties (each of the following described in sub-clauses (i) through (v) of this preamble, collectively, the “Parties”):
ny-1087572 Plan Support Agreement Execution Version PLAN SUPPORT AGREEMENT THIS AGREEMENT IS NOT AN OFFER REGARDING ANY SECURITIES OR A SOLICITATION OF ACCEPTANCES OF A CHAPTER 11 PLAN. SUCH OFFER OR SOLICITATION ONLY WILL BE MADE IN COMPLIANCE WITH...Plan Support Agreement • May 5th, 2020 • New York
EX-2.3 4 dex23.htm PLAN SUPPORT AGREEMENT PLAN SUPPORT AGREEMENTPlan Support Agreement • May 5th, 2020 • Delaware
THIS PLAN SUPPORT AGREEMENT dated as of September 15, 2009 (this “Agreement”), among JBS USA Holdings, Inc. (“JBS USA”) and each of the stockholders signing below (collectively, the “Stockholders”), in their capacity as an owners of common stock, par value $0.01 per share (“Common Stock”) of Pilgrim’s Pride Corporation (the “Company”).
PLAN SUPPORT AGREEMENTPlan Support Agreement • May 15th, 2014 • Usec Inc • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This PLAN SUPPORT AGREEMENT is made and entered into as of December 13, 2013 (the “Agreement”) by and among (i) USEC Inc., a Delaware corporation (“USEC”) and (ii) each of the holders that have executed this Agreement (each, a “Consenting Noteholder”) of USEC’s 3.0% Convertible Senior Notes due October 1, 2014 (the “Notes”).
PLAN SUPPORT AGREEMENTPlan Support Agreement • April 15th, 2009 • Primus Telecommunications Group Inc • Telephone communications (no radiotelephone) • New York
This PLAN SUPPORT AGREEMENT is made and entered into as of March 16, 2009 (as may be amended from time to time in accordance with the terms set forth herein, this “Agreement”) by and among the following parties:
EX-10.1 2 d265822dex101.htm EX-10.1 PLAN SUPPORT AGREEMENTPlan Support Agreement • May 5th, 2020 • Delaware
This PLAN SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of June 22, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (“Nuverra”) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels, LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC, and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the “Nuverra Parties”), each of which is a debtor and debtor-in-possession (collectively, the “Debtors”) in a bankruptcy case (collectively, the “Chapter 11 Cases”) unde
EX-10.(A) 2 d11628dex10a.htm EX-10.(A) Execution Version SECOND AMENDMENT TO AMENDED & RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • May 5th, 2020 • Delaware
THIS SECOND AMENDMENT TO THE AMENDED & RESTATED PLAN SUPPORT AGREEMENT (this “Amendment”) is made as of November 12, 2015 by and among all of the following: (a) the Required Investor Parties; (b) the Required TCEH Unsecured Noteholders; (c) the Required TCEH First Lien Creditors; (d) the Required TCEH Second Lien Noteholders; (e) the Consenting Interest Holders; (f) each of the Debtors; (g) the TCEH Official Committee; and (h) each of the Consenting EFIH PIK Noteholders (each of the foregoing listed on the signature pages attached hereto and collectively, the “Required Amendment Parties”); and amends that certain Amended & Restated Plan Support Agreement dated as of September 11, 2015 by and among the Parties thereto. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the First Amended Plan Support Agreement (defined below).
SECOND AMENDED AND RESTATED PLAN SUPPORT AGREEMENTPlan Support Agreement • January 8th, 2015 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
This SECOND AMENDED AND RESTATED PLAN SUPPORT AGREEMENT (including all exhibits and schedules attached hereto and in accordance with Section 2 hereof, this “Agreement”) is made and entered into as of January 7, 2015, by and among the following parties (each, a “Party” and collectively, the “Parties”), and amends, restates, and replaces in its entirety that certain Amended Plan Support Agreement dated December 11, 2014 (the “Prior PSA”):
PLAN SUPPORT AGREEMENTPlan Support Agreement • February 16th, 2016 • Paragon Offshore PLC • Drilling oil & gas wells • New York
This PLAN SUPPORT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of February 12, 2016, is entered into by and among (i) Paragon Offshore plc (the “Company”), (ii) Paragon International Finance Company, Paragon Offshore Finance Company, Paragon Offshore Leasing (Switzerland) GmbH, Paragon Offshore Contracting GmbH, Paragon Holding NCS 2 S.à r.l., Paragon Offshore (Luxembourg) S.à r.l., Paragon Offshore Leasing (Luxembourg) S.à r.l., Paragon Offshore International Ltd., Paragon Duchess Ltd., Paragon (Middle East) Limited, Paragon Asset Company Ltd., Paragon Asset (ME) Ltd., Paragon Holding SCS 1 Ltd., Paragon Holding SCS 2 Ltd., Paragon FDR Holdings Ltd., Paragon Offshore (North Sea) Ltd., Paragon Asset (UK) Ltd., Paragon Offshore Holdings US Inc., Paragon Drilling Services 7 LLC, Paragon Offshore Drilling LLC, Paragon Leonard Jones LLC, Paragon Offshore do Brasil Ltda., Paragon Offshore (Nederland) B.V., PGN Offshore Drilling (Ma
PLAN SUPPORT AGREEMENTPlan Support Agreement • September 24th, 2019 • New York
PLAN SUPPORT AGREEMENT, dated as of February 9, 2020, by and among (a) Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as representative of the Commonwealth of Puerto Rico (the “Commonwealth”), the Puerto Rico Public Buildings Authority (“PBA”), and the Employee Retirement System of the Government of the Commonwealth of Puerto Rico (“ERS”), (b) holders of GO Bond Claims and/or CW Guarantee Bond Claims, each as defined below, which may include the advisors or managers who are advising or managing a holder of GO Bond Claims on behalf of such holder as set forth on Exhibit “A” hereto, (together with their respective successors and assigns with respect to transfers made in accordance with the terms hereof, the “GO Holders”), and (c) holders of PBA Bond Claims, as defined below, which may include the advisors or managers who are advising or managing a holder of PBA Bond Claims on behalf of such holder as set forth on Exhibit “B” hereto (together with their
PLAN SUPPORT AGREEMENTPlan Support Agreement • September 24th, 2010 • Blockbuster Inc • Services-video tape rental • New York
PLAN SUPPORT AGREEMENT (this “Plan Support Agreement”), dated as of September 22, 2010, by and among (i) Blockbuster Inc., a Delaware corporation (“BBI”), on behalf of itself and each of its United States domestic subsidiaries (collectively, the “Company”) that are guarantors to the Indenture (as defined below); and (ii) the undersigned, each as a beneficial owner (or advisor, nominee or investment manager for beneficial owner(s), the “Consenting Noteholders”) of those 11.75% Senior Secured Notes due 2014 (the “Senior Secured Notes”) issued by BBI pursuant to that certain indenture dated as of October 1, 2009 among BBI, as Issuer, the Subsidiary Guarantors party thereto, and U.S. Bank, National Association as trustee (the “Trustee”), (as amended and supplemented, the “Indenture”). The Consenting Noteholders, the Company and each other person that becomes a party hereto in accordance with the terms hereof shall be referred to herein individually as a “Party” and, collectively, as the “P
EX-10.1 2 d510249dex101.htm PLAN SUPPORT AGREEMENT Execution Version PLAN SUPPORT AGREEMENT THIS PLAN SUPPORT AGREEMENT IS NOT AN OFFER OR A SOLICITATION WITH RESPECT TO ANY SECURITIES OF THE COMPANY OR A SOLICITATION OF VOTES WITH RESPECT TO A...Plan Support Agreement • May 5th, 2020 • New York
This PLAN SUPPORT AGREEMENT (together with the Exhibits hereto, the “Agreement”) is made and entered into as of March 25, 2013, by and among:
PLAN SUPPORT AGREEMENTPlan Support Agreement • December 3rd, 2009 • Trump Entertainment Resorts, Inc. • Hotels & motels • New York
This PLAN SUPPORT AGREEMENT (the “Agreement”), dated as of November 16, 2009, is entered into by and among the undersigned holders, and/or their investment advisors or managers (the “Holders”), of the 8.5% Senior Secured Notes Due 2015 (the “Notes”) issued by Trump Entertainment Resorts Holdings, L.P. (“Holdings”) and Trump Entertainment Resorts Funding, Inc. (“TER Funding”, and together with Holdings, the “Issuers”), and Donald J. Trump, Ivanka Trump, The Trump Organization, Ace Entertainment Holdings, Inc., and each of their respective affiliates or entities under the control, directly or indirectly, of Donald J. Trump and/or Ivanka Trump (collectively, together with each of their successors and assigns, the “Trump Parties”). The Trump Parties and the Holders are referred herein as the “Parties” and individually as a “Party”. Each capitalized term that is used but not defined herein shall have the meaning ascribed to such term in the AHC Plan referred to below.
Commonwealth of Puerto Rico Title III Case: Plan Support AgreementPlan Support Agreement • February 9th, 2020
The Financial Oversight and Management Board for Puerto Rico ( “FOMB” or “Board”) has reached a new and more favorable Plan Support Agreement (“PSA”)
FIRST AMENDMENT TO THE PLAN SUPPORT AGREEMENTPlan Support Agreement • January 22nd, 2016 • Anchorage Capital Group, L.L.C. • Drilling oil & gas wells • New York
This First Amendment to the Plan Support Agreement (this “Amendment”), dated as of January 21, 2016, is entered into by and among (i) Cubic Energy, Inc., a Texas corporation (“Cubic Energy”), Cubic Asset, LLC, a Delaware limited liability company (“CA LLC”), Cubic Asset Holding, LLC, a Delaware limited liability company (together with CA LLC, the “Cubic Asset Companies”), Cubic Louisiana, LLC, a Delaware limited liability company (“CL LLC”), and Cubic Louisiana Holding, LLC, a Delaware limited liability company (together with CL LLC, “Cubic Louisiana Companies”, and collectively with Cubic Energy and the Cubic Asset Companies, the “Cubic Parties”), (ii) each of the Prepetition Noteholders, (iii) BP Products North America, Inc., a Maryland corporation (“BPPNA”), and BP Energy Company, a Delaware corporation (“BPEC”, and together with BPPNA, “BP”), (iv) Wells Fargo Energy Capital, Inc., a Texas corporation (“Wells Fargo,” and together with the Prepetition Noteholders and BP, the “Support
Re: Joint Termination of the Plan Support AgreementPlan Support Agreement • October 19th, 2020
Reference is made to that certain Amended and Restated Plan Support Agreement, dated as of January 2, 2017 (as amended on January 19, 2017 the “Plan Support Agreement”), by and among the EFH/EFIH Debtors and Supporting PIK Parties. Capitalized terms used but not defined herein shall have the meaning set forth in the Plan Support Agreement.
FIRST AMENDMENT TO PLAN SUPPORT AGREEMENTPlan Support Agreement • February 28th, 2014 • Overseas Shipholding Group Inc • Deep sea foreign transportation of freight • New York
This FIRST AMENDMENT TO PLAN SUPPORT AGREEMENT (this “Amendment”) is made and entered into as of February 27, 2014, and effective as of the Approval Date (as defined herein), by and between the Consenting Lenders and the Debtors (together with the Consenting Lenders, the “Parties”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Plan Support Agreement (as defined herein).
PROPCO PLAN SUPPORT AGREEMENTPlan Support Agreement • May 5th, 2010 • Station Casinos Inc • Services-miscellaneous amusement & recreation • New York
PLAN SUPPORT AGREEMENTPlan Support Agreement • June 30th, 2016 • Triangle Petroleum Corp • Crude petroleum & natural gas • New York
This PLAN SUPPORT AGREEMENT (the “Agreement”) is made and entered into on this 29th day of June, 2016, by and among (a) Triangle USA Petroleum Corporation (“TUSA”), Ranger Fabrication, LLC (“Ranger”), and their respective subsidiaries signatory hereto (collectively, the “Companies”); and (b) each of the undersigned noteholders (the “Participating Noteholders”) under that certain Indenture (as amended, supplemented, or otherwise modified from time to time, the “TUSA Notes Indenture”) dated as of July 18, 2014, among TUSA, the subsidiary guarantors named on the signature pages thereto, and Wilmington Trust, National Association as trustee (in such capacity, and any successor thereto, the “Indenture Trustee”). Each of the parties referred to in clauses (a) through (b) above is referred to herein as a “Party” and collectively as the “Parties”.
PLAN SUPPORT AGREEMENTPlan Support Agreement • February 18th, 2020 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • New York
This PLAN SUPPORT AGREEMENT (including all exhibits, annexes, and schedules hereto in accordance with Section 14.02, this “Agreement”) is made and entered into as of February 16, 2020 (the “Execution Date”), by and among the following parties (each of the following described in sub-clauses (i) through (ii) of this preamble, collectively, the “Parties”):1
Ampex Corporation Redwood City, California 94063Plan Support Agreement • June 5th, 2008 • Ampex Corp /De/ • Radio & tv broadcasting & communications equipment
Reference is made to that certain Plan Support Agreement, dated as of March 30, 2008 (as may be amended or modified, the “Plan Support Agreement”), by and among you and Ampex Corporation and its affiliated debtors and debtors in possession). Capitalized terms used herein and not defined herein shall have the meaning assigned to those terms in the Plan Support Agreement. This Letter is to confirm the following agreements:
PLAN SUPPORT AGREEMENTPlan Support Agreement • July 18th, 2008 • Ampex Corp /De/ • Radio & tv broadcasting & communications equipment • New York
This PLAN SUPPORT AGREEMENT is made and entered into as of the date hereof (the “Agreement”) by and among the following parties:
Ampex Corporation Redwood City, California 94063Plan Support Agreement • July 7th, 2008 • Ampex Corp /De/ • Radio & tv broadcasting & communications equipment
Reference is made to that certain Plan Support Agreement, dated as of March 30, 2008 (as may be amended or modified, the “Plan Support Agreement”), by and among you and Ampex Corporation and its affiliated debtors and debtors in possession). Capitalized terms used herein and not defined herein shall have the meaning assigned to those terms in the Plan Support Agreement. This Letter is to confirm the following agreements:
AMENDMENT NO. 1 TO PLAN SUPPORT AGREEMENTPlan Support Agreement • April 9th, 2015 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDMENT No. 1 (this “Amendment No. 1”), dated as of February 6, 2015, to the Second Amended and Restated Plan Support Agreement dated as of January 7, 2015 (the “Plan Support Agreement”) is by and among (i) Exide Technologies, a Delaware corporation (“Exide” or the “Debtor” and together with its non-debtor subsidiaries and affiliates, the “Company”) and (ii) the signatories hereto who are holders of Senior Secured Note Claims (as defined in the Plan Support Agreement). All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Plan Support Agreement.
