Examples of Kmart Agreement in a sentence
The Lead Borrower has been assigned all of the right, title and interest of Melville Corporation under the Kmart Agreement and the Lead Borrower has not assigned any of such right, title and interest thereunder to any Person.
In 2008, Kmart and the Company entered into discussions with respect to the termination of the Kmart Agreement and the sale of certain intellectual property to Kmart.
Such dissolution is anticipated to be effected pursuant to a plan of dissolution which will be submitted for the approval of Stockholders in 2009 after expiration of the Kmart Agreement and the satisfaction in full of the Obligations under the Company’s Amended and Restated Exit Credit Agreement dated as of February 7, 2006 (as amended).
As of the Closing Date, no action in the Kmart Corporation Chapter 11 proceeding has been taken by any Person to assume or reject the Kmart Agreement or to delay or decrease payments thereunder or to modify it in any manner not permitted hereunder.
The Company has been assigned all of the right, title and interest of Melville Corporation under the Kmart Agreement and the Company has not assigned any of such right, title and interest thereunder to any Person.
Final approval of the disclosure statement is contingent upon resolution of the Debtors' pending motion to assume an agreement with Kmart Corporation (the "Kmart Agreement") and Kmart Corporation's motion to terminate the Kmart Agreement.
The Company will not permit any amendment or modification to be made to, or any waiver of its rights or the rights of any Subsidiary under, any Spin-Off Document or the Kmart Agreement unless such amendment, modification or waiver does not materially adversely affect the Company or the Banks, as determined in good faith by the Company.
No amendment has been made to the Kmart Agreement not permitted under this Agreement.
The Company has concluded that the Cobbie Cuddlers tradename no longer has an indefinite life pending the expiration of the Kmart Agreement and expected orderly wind down of the Shoemart business by December 2008.
To the extent necessary to assign the Kmart Agreement as permitted by and in accordance with its terms, the Debtors or Reorganized Debtors are authorized to take all corporate actions to establish new affiliated entities to which the Kmart Agreement will be assigned.