Exculpated Person definition

Exculpated Person means each Person that is an affiliate, equityholder, beneficiary, trustee, member, officer, director, agent, manager, independent manager, employee or partner of Borrower or Sponsor.

Exculpated Person has the meaning given to it in Section 10.3.

Exculpated Person means the Debtor, the Committee and its individual members, the Debtor's Representatives, the Committee's Representatives, the New Equity Investors, and the Indenture Trustee's Representatives.

Examples of Exculpated Person in a sentence

• The Exculpated Person shall neither have nor incur any liability to any Entity for any act taken or omission made in good faith in connection with or related to formulating, negotiating, implementing, confirming or consummating the Modified Plan, the Disclosure Statement or any Plan Document.

• Any termination of this Agreement or amendment to this Section 10.3 shall not adversely affect any right or protection of an Exculpated Person existing at the time of such termination or amendment.

• In the event that the Company advances funds to an Exculpated Person pursuant to the preceding sentence, such undertaking shall provide that the Company shall have a right of subrogation with respect to any right of such Exculpated Person to recover from any insurance or other source of recovery.

• Notwithstanding any provision hereof to the contrary, each Exculpated Person shall be a third party beneficiary of Section 10.2 and this Section 10.3.

• Any termination of this Agreement or amendment to this Section 10.4 shall not adversely affect any right or protection of an Exculpated Person existing at the time of such termination or amendment.

More Definitions of Exculpated Person

Exculpated Person shall have the meaning set forth in Section 14.1.

Exculpated Person means, at any time of determination, any current or former Interest Holder or Director of the Company or director or manager of any of the Company’s Subsidiaries.

Exculpated Person means, except as limited and restricted in Article IX of this Plan, the Fund, MAA, the Plan Administrator, the Disbursing Agent, or the Estate, and any of the foregoing’s respective present or future accountants, advisors, agents, attorneys, consultants, directors, members, employees, officers, representatives, or professional persons.

Exculpated Person means (i) any Member and such Member’s Affiliates and (ii) any member, manager, partner, stockholder, officer, director, employee or agent of any of the foregoing.

Exculpated Person means (i) any Professional retained pursuant to Bankruptcy Court order by the Debtor in this case, including, Morris, Nichols, Arsht & Tunnell, SSG Capital Advisors, L.P., Bridge Associates, LLC, Carl H. Young, III, Eric I. Glassman, Richard D. Garlock, and all of their respective agents, shareholders, employees, representatives, officers and directors, but excluding any ordinary course professional; and (ii) the current and former members of the Creditors’ Committee, each in their capacities as such, and all Professionals retained by the Creditors’ Committee, including Landis Rath & Cobb LLP and Parente Randolph LLC and all of their respective agents, shareholders, employees, representatives, officers and directors.

Exculpated Person shall have the meaning set forth in Section 5.8(a).

Exculpated Person means, except as limited and restricted in Section12.4 of this Plan, the Debtor, the Committee and its members (solely in their capacity as Committee members), the Liquidating Trustee and any of the accountants, advisors, agents, attorneys, consultants, directors, members, employees, officers, representatives, or Professional persons of such Exculpated Persons employed or serving in any such capacity at any time on or after the Petition Date.