First Amended Plan definition

First Amended Plan means that First Amended Prepackaged Reorganization Plan of CIT Group Inc. and CIT Group Funding Company of Delaware LLC dated as of October 16, 2009, as amended and superseded by this Plan except as otherwise provided herein.

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First Amended Plan means the Plan as amended by the First Amendment to Joint Prepackaged Plan of Reorganization for the Debtors Under Chapter 11 of the United States Bankruptcy Code, and all exhibits attached thereto or referenced therein.

First Amended Plan shall have the meaning ascribed to it in the Plan Term Sheet attached as Exhibit B to the Commitment Letter.

Examples of First Amended Plan in a sentence

Notwithstanding anything else to the contrary set forth in this Commitment Letter (including the Term Sheets), the Put Option Agreement, the Definitive Documents, or the First Amended Plan, the obligations of the Significant Equityholders under this Commitment Letter (including the Term Sheets), the Put Option Agreement, the Definitive Documents, the First Amended Plan or in respect of the transactions contemplated by any of the foregoing, shall be several, not joint and several.
Shares of Additional Common Stock issued in connection with the Rights Offering and as a result of the exercise, if any, by the Significant Equityholders of the Call Option (as defined below) shall be issued on the Effective Date and the First Amended Plan shall expressly require that the Rights Offering close prior to the Effective Date.
Each holder of an allowed Senior Secured Note claim shall be paid in full in cash on the initial distribution date under the First Amended Plan, or as soon thereafter as is practicable.
In the event of any litigation or dispute involving this Commitment Letter, the First Amended Plan and/or the Definitive Documents, subject to the foregoing, the Significant Equityholders shall not be responsible or liable to the Company for any special, indirect, consequential, incidental or punitive damages.
Each holder of an allowed Senior Subordinated Note claim shall paid in full in cash on the initial distribution date under the First Amended Plan, together with Post-Petition Interest, or as soon thereafter as is practicable.

More Definitions of First Amended Plan

First Amended Plan means the First Amended Joint Plan of Reorganization for PHI, PTI, PSA and PT-III dated June 27, 2002 and all exhibits annexed thereto or referenced therein.

First Amended Plan means the First Amended Plan that was filed by the Debtors with the Bankruptcy Court on February 21, 2023 [Docket No. 1499] (without reference to any modifications, amendments, or supplements to such Plan).

First Amended Plan means the Kotura, Inc. Amended and Restated 2003 Stock Plan.

First Amended Plan shall have the meaning ascribed to it in the Plan Term Sheet attached as Exhibit B to the Commitment Letter. “Material Adverse Change” means any material adverse change, or any development that could reasonably be expected to result in a material adverse change, individually or when taken together with any other such changes or developments, in the financial condition, business, results of operations, assets and liabilities of the Company and its subsidiaries, taken as a whole, whether or not arising from transactions in the ordinary course of business, it being understood that a material adverse change resulting from a general economic downturn or other event that does not affect the Company disproportionately to other companies (or their subsidiaries or divisions) in the foam industry shall not be deemed to be a Material Adverse Change. “New Preferred Stock” means preferred stock in the Reorganized Company on terms and conditions specified in an exhibit to the Put Option Agreement. Such New Preferred Stock shall be structured to qualify as “plain vanilla preferred stock” for U.S. federal income tax purposes under Section 1504(a)(4) of the United States Tax Code. “Preferred Equityholder” means a holder of Existing Preferred Stock as of the Record Date. “Professionals” means (i) C▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & H▇▇▇▇▇▇▇ LLP and Skadden, Arps, Slate, M▇▇▇▇▇▇ & F▇▇▇ LLP, as legal advisors to the Significant Equityholders, (ii) Imperial Capital LLC, as the financial advisor to the Significant Equityholders, (iii) Morris, Nichols, Arsht & T▇▇▇▇▇▇ LLP, as local counsel to the Significant Equityholders, and (iv) BDO S▇▇▇▇▇▇, LLP and Nexant, Inc., as additional advisors to the Significant Equityholders. “Record Date” means a date that is three (3) business days prior to the Rights Offering Commencement Date, whereby the rights are granted to Equityholders of record on such date. “Reorganized Company” means the Company after the Effective Date. “Right” means the right to purchase Additional Common Stock pursuant to the Rights Offering as contemplated herein. “Rights Offering Amount” means an amount equal to $150.0 million; provided, however, that in no event shall the Company’s cash on its consolidated balance sheet as of the Effective Date (after giving effect to the payments and other transactions contemplated by the First Amended Plan) exceed $7.5 million on and as of the second business day after the Effective Date. “Rights Offering Commencement Date” means a date, aft...

First Amended Plan means this first amended plan of liquidation (including all Transaction Documents) which is proposed by the Committee for the resolution of outstanding Claims and Interests in these Chapter 11 cases, as such First Amended Plan may be altered, amended, supplemented or modified from time to time in accordance with the Bankruptcy Code and the Bankruptcy Rules.

First Amended Plan means that First Amended Prepackaged Reorganization Plan of CIT

First Amended Plan means the Debtors’ First Amended Joint Chapter 11 Plan, dated October 5, 2012 [Docket No. 2414 in Case No. 11-12804(KG)].