Examples of Investor Trust Agreement in a sentence
The Seller is the record and beneficial owner of all of the Seller's Shares, except to the extent a portion of the Seller's Shares (i) is held by the Trustee under the Investor Trust Agreement or (ii) has been transferred pursuant to the terms hereof.
The Investor Trust Committee shall have the responsibilities set forth in the Investor Trust Agreement.
To the extent that the Investor Trust Committee does not appoint a successor within the time periods specified in the Investor Trust Agreement, then the Bankruptcy Court, upon the motion of any party-in-interest, including counsel to the Investor Trust, shall approve a successor to serve as the Investor Trustee.
The holders of, or parties to, the cancelled notes, membership interests, share certificates, and other agreements and instruments shall have no rights arising from or relating to such notes, share certificates, and other agreements and instruments or the cancellation thereof, except the rights provided pursuant to the Plan and Investor Trust Agreement.
If there are any funds in the Professional Claims Escrow Account after each Holder of an Allowed Professional Claim has received its Professional Claim Maximum Amount, the balance of such funds shall be transferred to the Investor Trust, first¸ for payment of any unpaid expenses of the Wind-Down Administrator that constitute Investor Trust Expenses, and second, to be used as general Investor Trust Assets in accordance with the terms of the Investor Trust Agreement.
Pursuant to section 1123(b)(3)(B) of the Bankruptcy Code, from and after the Effective Date, only the Investor Trust and the Investor Trustee shall have the right to pursue or not to pursue, or, subject to the terms of the Plan and the Investor Trust Agreement, compromise or settle any Investor Trust Causes of Action.
For all federal income tax purposes, all parties (including the Plan Debtors, the Investor Trustee, and the Investor Trust Beneficiaries) shall treat the transfer of the Investor Trust Assets by the Plan Debtors to the Investor Trust, as set forth in the Investor Trust Agreement, as a transfer of such assets by the Plan Debtors to the Trust Beneficiaries entitled to Distributions from the Investor Trust Assets, followed by a transfer by such Holders to the Investor Trust.
Beneficial interests in the Investor Trust shall be allocated among the Trust Beneficiaries by the Investor Trustee based upon the procedures set forth in the Investor Trust Agreement.
The position of Wind-Down Administrator may be filled by the Investor Trustee (including any successor Investor Trustee), and the Investor Trust Agreement will permit the Investor Trustee to fulfil the role of and discharge the duties of the Wind-Down Administrator.
Pursuant to the Plan and the Investor Trust Agreement, the Investor Trustee shall act in a fiduciary capacity on behalf of the interests of all Holders of Claims and Equity Interest that will receive Distributions pursuant to the terms of the Plan and Investor Trust Agreement.