Environmental Response Trust Assets definition

Environmental Response Trust Assets means the funding placed in the Environmental Response Trust Accounts and the assets transferred to the Environmental Response Trust in accordance with this Agreement, the Settlement Agreement and the Plan, but shall not include any General Motors, LLC (“New GM”) securities. The Environmental Response Trust Assets are comprised of (i) Cash in the amount of no less than $641,414,653 million, as adjusted pursuant to Paragraphs 36 and 37 of the Settlement Agreement; (ii) the Properties listed in Exhibit “A” to this Trust Agreement; (iii) personal property, including equipment, related to certain of the Properties; (iv) all leases of Environmental Response Trust Assets with New GM; (v) all Transferred Contracts; and (vi) such other assets acquired or held by the Environmental Response Trust from time to time pursuant to this Agreement, the Settlement Agreement and the Plan of Liquidation, or an order of the Court.
Sample 1Sample 2Sample 3
Environmental Response Trust Assets means: (a) the ERT Cash Payment; (b) the ERT Cash Distributions; (c) the Remaining Assets; (d) the Settlor’s rights with respect to the RCRA Trusts and the TSEP Account; (e) the Settlor’s rights with respect to the Accident Trust; (f) the Settlor’s rights with respect to the Environmental Response Trust Insurance Policies and any rights to assert claims with respect to any such insurance recoveries or other available insurance policies; (g) the Environmental Response Trust Books and Records; (h) the Settlor’s rights with respect to any Executory Contracts or Unexpired Leases identified on the Contract Assumption Schedule as being assigned to the Environmental Response Trust, provided that the Environmental Response Trustee has accepted such contracts or unexpired leases on the ground that they are needed for the Environmental Response Trust to comply with its obligations under this Agreement; (i) any revenue raised or secured by the Environmental Response Trustee; and (j) the Settlor’s rights under the Purchase Agreement, the Shared Services Agreement, and any other Transaction Documents among the Settlor and the Purchaser (or its Affiliates) relating to the Environmental Response Trust, including all rights under such agreements (x) with respect to the payment or reimbursement of Wind- Up Costs; (y) the right to require the Purchaser to supply, or cause one of its affiliates to supply, power after the closing of the Sale Transaction to the Settlor or the
Sample 1Sample 2
Environmental Response Trust Assets means the Environmental Response Trust Administrative Funding Account and the assets transferred to the Environmental Response Trust in accordance with the Plan, the Environmental Response Trust Agreement, and the Environmental Response Trust Consent Decree and Settlement Agreement, but shall not include any New GM Securities. The Environmental Response Trust Assets shall be comprised of (i) Cash in the amount of $641,434,945, less any deductions made pursuant to Paragraph 36 of the Environmental Response Trust Consent Decree and Settlement Agreement, (ii) the Environmental Response Trust Properties, (iii) personal property, including equipment, related to certain of the Environmental Response Trust Properties set forth on Attachment A to the Environmental Response Trust Consent Decree and Settlement Agreement, (iv) all leases of manufacturing facilities with New GM, and (v) all property management contracts and contracts related to the Environmental Actions relating to the Environmental Response Trust Properties that the Debtors and the Environmental Response Trust Administrative Trustee agree should be assumed by the Environmental Response Trust.
Sample 1

Examples of Environmental Response Trust Assets in a sentence

  • On the Effective Date, the Debtors shall transfer all the Environmental Response Trust Assets to the Environmental Response Trust, as provided in and subject to the provisions of the Environmental Response Trust Consent Decree and Settlement Agreement.

  • The Environmental Response Trust shall consist of the Environmental Response Trust Assets, as described in the Environmental Response Trust Consent Decree and Settlement Agreement.

  • The Environmental Response Trust Administrative Trustee shall be responsible for payment, out of the Environmental Response Trust Assets, of any taxes imposed on the Environmental Response Trust or the Environmental Response Trust Assets.

  • The Environmental Response Trust Administrative Trustee shall not be authorized to engage in any trade or business with respect to the Environmental Response Trust Assets.

  • No Person dealing with the Environmental Response Trust shall be obligated to inquire into the authority of the Environmental Response Trust Administrative Trustee in connection with the protection, conservation or disposition of Environmental Response Trust Assets.

  • In connection with the rights, claims, and causes of action that constitute the Environmental Response Trust Assets, any attorney-client privilege, work-product privilege, or other privilege or immunity attaching to any documents or communications (whether written or oral) transferred to the Environmental Response Trust shall vest in the Environmental Response Trust and its representatives, and the Parties are authorized to take all necessary actions to effectuate the transfer of such privileges.

  • Subject to Section 2.7 of this Agreement, the income and gains from any investment of the Environmental Response Trust Assets in an Environmental Response Trust Account shall be allocated, paid and credited to that same Environmental Response Trust Account and shall be used for the same purposes as the principal in that Environmental Response Trust Account as provided for in, and subject to the qualifications of, Paragraph 34 of the Settlement Agreement.

  • Except as otherwise provided herein or by the Plan of Liquidation or the Settlement Agreement, the Environmental Response Trust Administrative Trustee shall not be required to file any accounting or seek approval of the Court with respect to the administration of the Environmental Response Trust, or as a condition for making any payment or distribution out of the Environmental Response Trust Assets.

  • The Environmental Response Trust Administrative Trustee, on behalf of the Environmental Response Trust, hereby accepts and agrees to hold the Environmental Response Trust Assets in the Environmental Response Trust for the benefit of the Environmental Response Trust Beneficiary for the purposes described in Section 2.3, subject to the terms of the Plan of Liquidation, the Settlement Agreement, this Agreement, and any applicable orders of the Court.

  • Upon transfer of the Environmental Response Trust Assets to the Environmental Response Trust, the Environmental Response Trust shall be the exclusive holder of the Environmental Response Trust Assets described herein, including the Environmental Response Trust Accounts, for purposes of 31 U.S.C. § 3713(b).


More Definitions of Environmental Response Trust Assets

Environmental Response Trust Assets means: (a) the ERT Cash Payment; (b) the ERT Cash Distributions; (c) the Remaining Assets; (d) the Settlor’s rights with respect to the RCRA Trusts and the TSEP Account; [
Sample 1
Environmental Response Trust Assets means all rights, claims, proceeds, and recoveries under or relating to the Applicable Insurance to the greatest extent permitted by law, the Environmental Response Trust Owned Properties, and the Environmental Response Trust Initial Funding, and such other assets, acquired, earned, or held by the Environmental Response Trust from time to time pursuant to this Environmental Response Trust Agreement, including Environmental Response Trust Proceeds.
Sample 1
Environmental Response Trust Assets means: (a) the ERT Cash Payment;(b) the ERT Cash Distributions; (c) the Remaining Assets; (d) the Debtor’s rights with respect to the RCRA Trusts and the TSEP Account; (e) [the Debtor’s rights with respect to the Accident Trust;] (f) the Debtor’s rights with respect to the Environmental Response Trust Insurance Policies and any rights to assert claims with respect to such insurance policies; (g) the Environmental Response Trust Books and Records; (h) the Debtor’s rights with respect to any Executory Contracts or Unexpired Leases identified on the Contract Assumption Schedule as being assigned to the Environmental Response Trust; and (i) the Debtor’s rights under the Purchase Agreement, the Shared Services Agreement, and any other Transaction Documents among the Debtor and the Purchaser (or its Affiliates) relating to nondischargeable environmental claims, including all rights under such agreements (x) with respect to the payment or reimbursement of “Wind-Up Costs” (as such term is defined in the Purchase Agreement); (y) to require the Purchaser to supply, or cause one of its affiliates to supply, power after the closing of the Sale Transaction to the Debtor or the Environmental Response Trust, as applicable, as set forth in Section 7.24 of the Purchase Agreement; and (z) any other rights of recovery under the Purchase Agreement and any other Transaction Document among the Debtor and the Purchaser (or its Affiliates); in each case in accordance with the terms of the Purchase Agreement, the Shared Services Agreement, and any other Transaction Document, as applicable.
Sample 1

Related to Environmental Response Trust Assets

  • CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980.

  • Remedial response means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of prohibited conduct.

  • Environmental, Health and Safety Liabilities means any cost, damages, expense, liability, obligation or other responsibility arising from or under any Environmental Law.

  • Environmental, Health, and Safety Requirements means all federal, state, local and foreign statutes, regulations, and ordinances concerning public health and safety, worker health and safety, and pollution or protection of the environment, including without limitation all those relating to the presence, use, production, generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes, as such requirements are enacted and in effect on or prior to the Closing Date.

  • Environmental, Health and Safety Laws means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings, and charges thereunder) of federal, state, local, and foreign governments (and all agencies thereof) concerning pollution or protection of the environment, public health and safety, or employee health and safety, including laws relating to emissions, discharges, releases, or threatened releases of pollutants, contaminants, or chemical, industrial, hazardous, or toxic materials or wastes into ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or chemical, industrial, hazardous, or toxic materials or wastes.

  • Environmental pollution means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commer- cial or recreational use, or deleterious to fish, bird, animal or plant life.

  • Emergency Response Agency is a governmental entity authorized to respond to requests from the public to meet emergencies.

  • Resource Conservation and Recovery Act means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., as amended.

  • Clean Water Act or "CWA" means the federal Clean Water Act (33 USC § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.

  • Initial Response means the first contact by a Support Representative after the incident has been logged and a ticket generated. This may include an automated email response depending on when the incident is first communicated.

  • The "Clean Air Act means those provisions contained in 42 U.S.C. §§ 7401 to 7671q, and regulations promulgated thereunder.

  • parental responsibility , in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Environmental Policy means to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment, including any written environmental policy of the Customer;

  • Resource conservation means the reduction in the use of water, energy, and raw materials. (Minn. Stat. § 115A.03, Subd. 26a)

  • Environmental Safeguards means the principles and requirements set forth in Chapter V, Appendix 1, and Appendix 4 (as applicable) of the SPS;

  • Emergency response as used in RCW 38.52.430 means a public

  • Clean Air Act or “Act” means the federal Clean Air Act, 42 U.S.C. §§ 7401-7671q, and its implementing regulations.

  • Environmental and Safety Requirements means all federal, state, local and foreign statutes, regulations, ordinances and similar provisions having the force or effect of law, all judicial and administrative orders and determinations, all contractual obligations and all common law concerning public health and safety, worker health and safety and pollution or protection of the environment, including all such standards of conduct and bases of obligations relating to the presence, use, production, generation, handling, transport, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or by-products, asbestos, polychlorinated biphenyls (or PCBs), noise or radiation.

  • Environmental Harm means serious or material environmental harm or environmental nuisance as defined in the Environmental Protection Xxx 0000 (Qld);

  • Underground source of drinking water means an aquifer or its portion:

  • Environmental Assessment Act means the Environmental Assessment Act, R.S.O. 1990, c.E.18.

  • Waste Disposal Site means a Waste Disposal Site which is not a Hauled Sewage Disposal Site, a Sewage Works or a Waste Stabilization Pond; and

  • Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirement of this article, in a surface coal mining and reclamation operation which could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions, or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.

  • Environmental Management Plan or “EMP” means the environmental management plan for the Project, including any update thereto, incorporated in the IEE;

  • SWDA means the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.).