Debtor Proceeding definition

Debtor Proceeding means any proceeding for relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency law or laws providing relief for debtors.
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Debtor Proceeding means any proceeding for relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency law or laws providing relief for debtors. MIAMI 3859485.10 72496/43267 EXECUTION COPY 2 1.3 "Deed in Lieu Date" shall have the meaning given such term in Section 3.7(c). 1.4 "Deed in Lieu Documents" shall have the meaning given such term in Section 3.7(c). 1.5 "Default" shall have the meaning given such term in Section 5.2. 1.6 "Designated Service Contracts" means those Service Contracts for which Lender has agreed, in Lender's sole and absolute discretion, to accept assignment of and be bound by. Lender shall designate such Service Contracts to Borrower no less than thirty (30) days prior to the expiration of the Marketing Period. 1.7 "Enforcement Date" [Intentionally Deleted]. 1.8 "Joinder" means the Joinder and Agreement of Guarantor attached to this Agreement. 1.9 "Management Agreement" shall have the meaning given such term in Section 2.9(b). 1.10 "Marketing Period" means the period ending on the date that is six (6) months after the Effective Date, subject to extension through the Third Party Closing Date as provided for or contemplated under Section 3.4 (a). 1.11 "Operating Standard" means the manner of operation consistent with how the Mall has been kept open and operated by Borrower during the twelve month period preceding the Effective Date. 1.12 "Permitted Exceptions" means the Liens, encumbrances and other matters described on Exhibit B to the Limited Warranty Deed attached hereto as Exhibit D. 1.13 "Party" means any, and "Parties" means all, of the signatories to this Agreement. 1.14 "Service Contracts" means contracts for service, labor, maintenance, repair and operation (but excluding any contracts for management) of the Project, excluding the Management Agreement and any other Service Contracts with Affiliates of Glimcher LP. 1.15 "Servicer" means KeyBank Real Estate Capital and/or LNR Partners, LLC, a Florida limited liability company ("Special Servicer"), and any other party appointed as servicer in accordance with the certain Pooling and Servicing Agreement governing Lender. 1.16 “Shortfall Liability Cap” shall mean One Million and No/100 Dollars including the Transaction Expenses (as defined in the Spreader Agreement). 1.17 "Spreader Agreement" means the Mortgage Modification and Spreader Agreement between Borrower and Lender attached hereto as Exhibit O to be entered int...
Sample 1
Debtor Proceeding means any proceeding for relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency law or laws providing relief for debtors. MIAMI 3859485.10 72496/43267 EXECUTION COPY
Sample 1

Examples of Debtor Proceeding in a sentence

  • Approach Is Inappropriately Applied In The Instant Case Because It Produces a De Facto Substantive Consolidation In a Joint, Multi Debtor Proceeding, Erroneously Allowing Joint Administration To Be Used To Bypass the Rigorous Requirements Usually Necessary for Such Consolidation, and Thus Subjecting the Objecting Debtor To An Abridgement of Its Right to Be Heard Through Its Vote 21CONCLUSION 27TABLE OF AUTHORITIES U.S. SUPREME COURT CASES Bonito Boats, Inc.

  • Per Debtor Approach, Therefore Requiring Acceptance From An Impaired Class Of Claims Of Each Debtor In A Joint, Multi- Debtor Proceeding, Because Said Interpretation Is Most Consistent With The Section’s Plain Language And Best Protects The Impaired Creditors’ Rights In The Absence Of Substantive Consolidation.

  • None of New Borrower, the TNP Operating Partnership, the TNP REIT, Xxxxxxxx or Project Manager (collectively, “Related Entities”) has been a party to any Debtor Proceeding within seven (7) years prior to the date of this Agreement.

  • Per Plan Approach Is Inappropriately Applied In The Instant Case Because It Produces a De Facto Substantive Consolidation In a Joint, Multi Debtor Proceeding, Erroneously Allowing Joint Administration To Be Used To Bypass the Rigorous Requirements Usually Necessary for Such Consolidation, and Thus Subjecting the Objecting Debtor To An Abridgement of Its Right to Be Heard Through Its Vote.

  • None of New Borrower, the Operating Partnership nor the REIT or other entities which may be owned or controlled directly or indirectly by New Borrower, the Operating Partnership or the REIT (collectively, “Related Entities”) has been a party to any Debtor Proceeding within seven (7) years prior to the date of this Agreement.

  • None of New Borrower, New Borrower Member nor Principal nor any of New Borrower Member's or Principal's managers, members, shareholders (other than shareholders of Principal), affiliates or other entities which may be owned or controlled directly or indirectly by New Borrower, New Borrower Member or Principal (collectively, the "Related Entities") has been a party to any Debtor Proceeding within seven (7) years prior to the date of this Agreement.

  • Neither New Borrower nor any of New Borrower's managers, members, affiliates, including Principal, or other entities owned or controlled directly or indirectly by New Borrower or its managers or members (collectively, "Related Entities") has been a party to any Debtor Proceeding within seven (7) years prior to the date of this Agreement.

  • No Borrower Party has been a party to any Debtor Proceeding within seven (7) years prior to the Effective Date or the Execution Date.

Related to Debtor Proceeding

  • ADR Proceeding means either an Arbitration or a Mediation.

  • Action or Proceeding means any lawsuit, proceeding, arbitration or other alternative resolution process, Governmental Authority investigation hearing, audit, appeal, administrative proceeding or judicial 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.

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

  • Actions or Proceedings means any action, suit, proceeding, arbitration or Governmental or Regulatory Authority investigation or audit.

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

  • Bankruptcy Proceeding means any case, action or proceeding before any court or other Governmental Authority relating to any Bankruptcy Event.

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • 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.

  • foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation;

  • 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.

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

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

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

  • Derivative proceeding means a civil suit in the right of a domestic corporation or, to the extent

  • Insolvency or Liquidation Proceeding means, with respect to any Person, any liquidation, dissolution or winding up of such Person, or any bankruptcy, reorganization, insolvency, receivership or similar proceeding with respect to such Person, whether voluntary or involuntary.

  • eligible proceeding means a legal proceeding or investigative action, whether current, threatened, pending or completed, in which a director, former director or alternate director of the Company (an “eligible party”) or any of the heirs and legal personal representatives of the eligible party, by reason of the eligible party being or having been a director or alternate director of the Company:

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Bankruptcy Proceedings has the meaning set forth in clause (b) of paragraph 9 hereof.

  • Trial court means the court or agency from which an appeal or judicial review is taken.

  • Legal Proceeding means any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel.

  • Insolvency Proceeding means any proceeding under Title 11 of the United States Code (11 U.S.C. Sec. 101 et seq.) or any other insolvency, liquidation, reorganization or other similar proceeding concerning the Mortgage Loan Borrower, any action for the dissolution of the Mortgage Loan Borrower, any proceeding (judicial or otherwise) concerning the application of the assets of the Mortgage Loan Borrower for the benefit of its creditors, the appointment of or any proceeding seeking the appointment of a trustee, receiver or other similar custodian for all or any substantial part of the assets of the Mortgage Loan Borrower or any other action concerning the adjustment of the debts of the Mortgage Loan Borrower, the cessation of business by the Mortgage Loan Borrower, except following a sale, transfer or other disposition of all or substantially all of the assets of the Mortgage Loan Borrower in a transaction permitted under the Mortgage Loan Documents; provided, however, that following any such permitted transaction affecting the title to the Mortgaged Property, the Mortgage Loan Borrower for purposes of this Agreement shall be defined to mean the successor owner of the Mortgaged Property from time to time as may be permitted pursuant to the Mortgage Loan Documents; provided, further, however, that for the purposes of this definition, in the event that more than one entity comprises the Mortgage Loan Borrower, the term “Mortgage Loan Borrower” shall refer to any such entity.

  • 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;

  • 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;

  • Testacy proceeding means a proceeding to establish a will or determine intestacy.