Examples of Foreign Debtor in a sentence
Each Foreign Debtor maintains its head office in the Cayman Islands in office space provided by an affiliate, Ocean Rig SEZ Co. (defined below).
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.
Here, the Foreign Debtor is eligible to be a debtor under section 109(a) of the Bankruptcy Code because, as described in the Verified Petition, it has an ownership interest in a retainer on deposit with DLA Piper LLP (US) held in a Citibank, N.A., bank account in New York.5 See Martin Decl., ¶ 4.
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.
As discussed above, the Foreign Representatives are “person[s]” within the meaning of section 101(41) of the Bankruptcy Code, appointed by the Cayman Court, empowering the Foreign Representatives to administer the Foreign Debtor’s assets and affairs in the Cayman 5 The Foreign Debtor has also deposited a $75,000 retainer with its counsel Davis Polk & Wardwell LLP, which is held in an account at JP Morgan Chase Bank in Delaware.Proceeding.
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.
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.
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.
The Foreign Representatives request that, through chapter 15 recognition, any commencement or continuation of litigation against the Foreign Debtor or the Indemnified Parties be stayed in the United States as well as any other creditor enforcement actions.
As such, the Foreign Debtor is eligible to be a debtor under section 109(a) of the Bankruptcy Code.