Examples of Dissolving Debtors in a sentence
Except as otherwise provided in this Plan, all assets, other than Creditor Trust Assets, of each of the Dissolving Debtors shall be transferred to Reorganized Holdings free and clear of all Liens, Claims, mortgages, options, rights, encumbrances and interests of any kind or nature whatsoever and shall vest in Reorganized Holdings as of the Effective Date.
From and after the Effective Date, the Dissolving Debtors shall be managed and administered through the Plan Administrator, who shall be appointed the sole officer of each of the Dissolving Debtors and shall have full authority to administer the provisions of the Plan.
Without limiting the foregoing, the Dissolving Debtors may pay the charges that they incur on or after the Effective Date for Professional Persons’ fees, disbursements, expenses or related support services without application to the Bankruptcy Court.
After the Effective Date, without the need for further action on the part of the Bankruptcy Court and without the need for further corporate action or action of the boards of directors or shareholders of the Reorganized Debtors, to the extent not previously dissolved, the Dissolving Debtors shall be dissolved pursuant to applicable state law and the Dissolving Debtors shall not be required to pay any taxes or fees to cause such dissolution.
All fees payable pursuant to section 1930 of title 28 of the United States Code have been or will be paid on or before the Effective Date by the Debtors, and all such fees due thereafter by the Dissolving Debtors shall be paid by the Plan Administrator in the ordinary course until the entry of a final decree closing the Chapter 11 Cases or the conversion or dismissal of the Chapter 11 Cases.
Notwithstanding anything to the contrary herein, on or after the Effective Date, any and all Intercompany Claims between and/or among any of the Acquired Debtors, on the one hand, and any of the Dissolving Debtors, on the other hand, shall be extinguished, canceled and/or discharged on the Effective Date.
Except as otherwise explicitly set forth in the Plan, all Claims (other than Canadian Claims and Assumed U.S. Liabilities) arising from the rejection of executory contracts or unexpired leases shall be discharged as of the Effective Date, and shall not be enforceable against the Debtors, the Estates, the Reorganized Debtors, including the Acquired Debtors and the Dissolving Debtors, the Plan Investor, the Plan Administrator, or their respective properties or interests in property.
Nothing contained in the Agreement shall constitute a waiver or release by the Creditor Distribution Trust of any right of setoff or recoupment the Debtors, the Dissolving Debtors, the Acquired Debtors, the Estates, or the Creditor Distribution Trust, may have against any Beneficiary.
The Plan Administrator shall establish and fund the Wind Down Account from all Cash of the Debtors as of the Effective Date, plus any Cash received by the Dissolving Debtors on and after the Effective Date, including the Closing Purchase Price, the remainder of the Purchase Price, if any, in accordance with the terms of the Plan Funding Agreement and any Cash remaining in the Escrow to the extent it is entitled thereto under and in accordance with the terms of the Plan Funding Agreement.
Any officer of the Reorganized Debtors is authorized to execute and file on behalf of the Dissolving Debtors all documents necessary and proper to effectuate and consummate the dissolution of the Debtors in accordance with the laws of the states in which they are formed.