Debtor Proceeding definition

Debtor Proceeding means any proceeding for relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any present or future 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
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 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...
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Examples of Debtor Proceeding in a sentence

  • 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.

  • None of New Borrower or any of the entities described in Section 1.2(a) (collectively, "RELATED ENTITIES"), has been a party to any Debtor Proceeding (as hereinafter defined) 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.

  • 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.

  • In the event that Borrower or Guarantor shall take any action constituting a Debtor Proceeding, Borrower irrevocably consents to an order from the bankruptcy court prohibiting Borrower's use of all "cash collateral" (as defined in section 363 of the Bankruptcy Code).

  • Neither New Borrower nor any of New Borrower's managers, members, affiliates or other entities which may be owned or controlled directly or indirectly by New Borrower or its managers or members ("RELATED ENTITIES") has been a party to any Debtor Proceeding (as hereinafter defined) within seven (7) years prior to the date of this Agreement.

  • 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.

  • None of New Borrower, Fee Borrower Member, Operating Lessee Member, and REIT (together with any other direct or indirect owners of 10% or more of New Borrower, collectively, the "New Borrower Parties") or any other entities which may be owned or controlled directly or indirectly by any of New Borrower Parties (collectively, the "Related Entities") has been a party to any Debtor Proceeding within ten (10) years prior to the Effective Date.

  • In the event that any Borrower Party shall take any action constituting a Debtor Proceeding, each Borrower Party irrevocably consents to an order from the bankruptcy court prohibiting Borrower's use of all "cash collateral" (as defined in section 363 of the Bankruptcy Code).

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.

  • 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 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 lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

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

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

  • 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 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;

  • 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.