Examples of Foreign Debtor in a sentence
The effectiveness of the Chapter 11 plan in the Chapter 11 case is also conditioned upon, among other things, French Court approval of the Safeguard Plan and this Court’s recognition and enforcement in this Chapter 15 case of the order of the Sanctioning Order.As required by section 1522 of the Bankruptcy Code, the interests of the Foreign Debtor, its creditors and shareholders are sufficiently protected under the Safeguard Plan.
The waiver will allow the Foreign Debtor to proceed immediately with the implementation of the restructuring steps, in compliance with its obligations under the Lock-Up Agreement, which requires that the Financial Restructuring be implemented no later than February 28, 2018.
Additionally, the Spanish Court’s prior acceptance of jurisdiction over the 5 bis Proceeding with respect to the Foreign Debtors means that, as a legal matter, the Spanish Court validated the presumption that the center of main interests of each Foreign Debtor is in Spain.
Thus, Alvarez & Marsal will continue performing such services under its engagement with Foreign Debtor, Abengoa, S.A., and in the orders seeking provisional and final relief, the Foreign Debtors seek acknowledgment of this work by Alvarez & Marsal.
The Motion raises very serious questions about the conduct of the Foreign Representative in this Court and in the Concurso Proceeding, as well as very serious questions about the conduct of the principals of the Foreign Debtor.
In an ex parte order entered on May 27, 2010 in the Concurso Proceeding, the Third District Court for the State of Quintana Roo (the “Concurso Court”) barred CTIM or any other party from taking any action to collect any of the debt from property of the Foreign Debtor or the Non-Debtor Affiliates, specifically including any funds in the Cash Management Account (the “May 27 Order,” or the “Precautionary Measures”).
In this Chapter 15 case, the Foreign Debtor requested recognition of the Safeguard Proceeding as a foreign main proceeding under section 1520 of the Bankruptcy Code, and on July 13, 2017, this Court entered its Order Recognizing Foreign Proceeding (the “Recognition Order,” ECF Doc.
Recognition and enforcement of the Sanctioning Order is necessary to ensure that the Financial Restructuring contemplated by the Safeguard Plan and the confirmed Chapter 11 plan can be implemented to effectuate the Financial Restructuring of the Group without disruption or adverse actions being brought against the Foreign Debtor or its assets in the United States.
In accordance with French law, the supervising judge of the French Court appointed an independent expert, Degroof Petercam Finance (“ DPF”), a Belgian bank, to opine on the treatment of the Convertible Bondholders as compared to the High Yield Bondholders under the Safeguard Plan at the joint request of the Foreign Debtor and SELARL FHB, in the name of Mrs.
Further, in satisfaction of section 1515(c), the Foreign Representatives have filed, accompanying the Foreign Debtor’s Petition, a statement identifying the Cayman Proceeding as the only foreign proceeding with respect to the Foreign Debtor that is known to the Foreign Representatives, although the Joint Provisional Liquidators did apply for and obtain recognition of the Cayman Proceeding in Hong Kong to enable them to assert their powers in that jurisdiction.