Chapter 9 Proceeding definition

Chapter 9 Proceeding means the proceeding filed by Seller pursuant to Chapter 9 of the U.S. Bankruptcy Code on September 30, 2017 in the Bankruptcy Court, Case No. 17-13797. Agreement.
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Chapter 9 Proceeding means bankruptcy case no. 17-13797 commenced by Landlord on September 30, 2017 as debtor under chapter 9 of the Bankruptcy Law and currently pending in the United States Bankruptcy Court for the Eastern District of California, Fresno Division (the “Bankruptcy Court”).
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Chapter 9 Proceeding has the meaning ascribed to such term in the Recitals.
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Examples of Chapter 9 Proceeding in a sentence

  • Seller also shall obtain and deliver to Buyer a Final Order entered in the Chapter 9 Proceeding in form and substance reasonably acceptable to Buyer authorizing and directing Seller to assume and assign to Buyer the Assumed Contracts identified in Section 2.3.

  • The Parties hereby understand, acknowledge and agree that the plan of adjustment in connection with the Chapter 9 Proceeding shall not amend, modify or contradict any provision of this Agreement, the Interim Management Services Agreement, the Financing Documents or the Lease.

  • Any liability or obligation arising from any attempt by Seller to formally reject in the Chapter 9 Proceeding any Contracts that are Excluded Assets, whether or not such liability or obligation arises before or after the Closing Date.

  • Seller is also currently in Chapter 9 Proceeding (as defined below) in the United States Bankruptcy Court for the Eastern District of California, Fresno Division (the “Bankruptcy Court”).

  • Fail to provide to Lender prior notice and copies of any material motions or other material documents to be filed with the Bankruptcy Court in the Chapter 9 Proceeding.

  • Seller has all requisite power and authority to enter into, consummate and perform this Agreement and carry out all of the terms and provisions of this Agreement, subject to Electorate Approval, any required approvals in the Chapter 9 Proceeding and receipt of consents which the Parties contemplate will be obtained prior to the Closing Date.

  • Except for the Chapter 9 Proceeding and the facts disclosed in the filings made in connection therewith, since the Petition Date, no event or condition has resulted in, or could be reasonably expected to cause, either individually or in the aggregate, a Material Adverse Effect.

  • Except for the Chapter 9 Proceeding and any court orders, decrees or rulings thereunder, the Borrower is not a party to any order, decree or ruling of any court or administrative agency, federal, state or local, nor has the Borrower any contracts, formal or informal, with any such agency that could materially and adversely affect the ability of the Borrower to perform its obligations hereunder or conduct its business.

  • Except as restricted or prevented by the Bankruptcy Code, the filing of the Chapter 9 Proceeding, an order of the Bankruptcy Court, punctually pay all principal, interest, fees or other liabilities due under any of the Loan Documents at the times and place and in the manner specified therein, and immediately upon demand by Lender, the amount by which the Outstanding Loan Amount subject hereto at any time exceeds the Loan Commitment.

  • Landlord and Tenant hereby understand, acknowledge and agree that the plan of adjustment in connection with the Chapter 9 Proceeding shall not amend, modify or contradict any provision of this Lease, the Interim Management Services Agreement, the Financing Documents or the Asset Purchase Agreement.

Related to Chapter 9 Proceeding

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Current Proceeding means any proceeding conducted under any provisions of this subsection that

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • winding-up proceedings means collective proceedings involving realisation of the assets and distribution of the proceeds among the creditors, shareholders or members as appropriate, which involve any intervention by administrative or judicial authorities, including where the collective proceedings are terminated by a composition or other analogous measure, whether or not they are founded on insolvency or are voluntary or compulsory;

  • Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Protective proceeding means a judicial proceeding in which a protective order is sought or has been issued.

  • Chapter 11 means Chapter 11 of the Bankruptcy Code.

  • Insolvency Proceeding means any proceeding commenced by or against any Person under any provision of the Bankruptcy Code or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement, or other similar relief.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Proceeding means an action, claim, suit, investigation or proceeding (including, without limitation, an informal investigation or partial proceeding, such as a deposition), whether commenced or threatened.

  • Child custody proceeding means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3 of this Article.

  • Receivership court means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer.

  • Chapter 11 Cases means (a) when used with reference to a particular Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy Code in the Bankruptcy Court and (b) when used with reference to all the Debtors, the procedurally consolidated chapter 11 cases pending for the Debtors in the Bankruptcy Court.

  • Bankruptcy Cases has the meaning set forth in the Recitals.