Examples of Heber Reorganization Plan in a sentence
Claims arising out of the rejection of an executory contract or unexpired lease pursuant to Section 9.1 of the Heber Reorganization Plan must be filed with the Court no later than the later of (i) fifteen (15) days after the Heber Effective Date, and (ii) fifteen (15) days after entry of an order rejecting such executory contract or lease.
Subject to Sections 9.1, 9.2 and 9.3 of the Heber Reorganization Plan, the executory contracts and unexpired leases of the Heber Debtors listed on Exhibits B, C, D and E of the Heber Reorganization Plan shall be assumed by and, as applicable, assigned to the relevant Heber Debtors as of the Heber Effective Date.
From and after the Effective Date of the Reorganization Plan (the "Reorganization Effective Date") or the Effective Date of the Heber Reorganization Plan (the "Heber Effective Date"), each Reorganizing Debtor and Heber Debtor will be separately liable for its own debts and obligations arising on and after the applicable Effective Date.
On the same day, the Heber Debtors filed their original proposed plan of reorganization, which was subsequently amended as provided in the Heber Reorganization Plan.
Because all non-insider classes of claims under the Heber Reorganization Plan are unimpaired, the Heber Debtors are not soliciting votes in respect of the Heber Plan.
The Reorganization Plan and the Heber Reorganization Plan are premised on the consummation of the Geothermal Sale, as the proceeds of the Geothermal Sale will provide the Reorganized Debtors and the Heber Debtors with funds necessary to emerge from their respective Chapter 11 Cases.
The Debtors expect to sell their interests in certain geothermal energy projects (each project, a "Geothermal Project") in Heber, California (the "Geothermal Business")(2) either pursuant to section 363 of the Bankruptcy Code or the Heber Reorganization Plan, as contemplated by that certain Amended and Restated Ownership Interest Purchase Agreement, by and among Covanta Heber Field Energy, Inc., Heber Field Energy II, Inc., ERC Energy, Inc., ERC Energy II, Inc.
On September 29, 2003, the Court entered an order (Docket No. 2222) (the "Heber Bidding Procedures Order"), approving the bidding procedures and establishing November 19, 2003 as the date of the Auction (as defined in the Heber Bidding Procedures Order) and the hearing to consider approval of the Geothermal Sale, either pursuant to the Heber Sale Motion or the Heber Reorganization Plan (the "Approval Hearing").
Pursuant to the Heber Purchase Agreement, the Sellers, in consultation with the Proposed Buyers, shall determine whether to accomplish the resolution of the Chapter 11 Cases of the Heber Debtors though a sale pursuant to section 363 of the Bankruptcy Code or through the Heber Reorganization Plan.
The closing of the Geothermal Sale shall have occurred on substantially the same terms as set forth in the Heber Reorganization Plan.