Examples of Liquidating Companies in a sentence
The activities and operations of the Liquidating Companies and the Plan Administrator (other than Distributions from the Claims Distribution Fund) shall be funded through a fund to be established on the Effective Date, in accordance with the terms of the Wind-down Budget, to fund the winding-down of the affairs of the Debtors and the Liquidating Companies and the other items reflected in the Wind-down Budget (the “Wind-down Reserve”).
DI shall take or cause to be taken all actions within its control that may be necessary or appropriate to facilitate the winding up and liquidation of the Liquidating Companies in an expeditious manner, including but not limited to the seeking of all requisite shareholder approvals.
The Debtors shall continue to exist (notwithstanding the substantive consolidation set forth in Section 2.1 of the Plan) as the Liquidating Companies on and after the Effective Date, with all of the powers of corporations under applicable law.
Any property so withheld will then be paid by the Liquidating Companies or the Plan Administrator to the appropriate authority.
The earnings on such investments shall be retained for the benefit of the Liquidating Companies and deposited in the Wind-down Reserve.
After the Effective Date, the Wind-down Reserve shall be supplemented with 100% of the Debtors’ Cash and the net proceeds from the collection, sale, liquidation or other disposition of any non-Cash property, including the Causes of Action Recoveries, of the Debtors or the Liquidating Companies existing on or created after the Effective Date, to the extent such property has not otherwise been allocated pursuant to the terms of the Plan.
This Plan shall be binding and inure to the benefit of the Debtors, the Liquidating Companies, the Plan Administrator, the Released Parties, all present and former holders of Claims and Interests, and their respective successors and assigns.
On the Effective Date, the Liquidating Companies shall reserve and hold in an account Cash in an amount equal to the aggregate amount of each unpaid Estimated Fee Claim as of the Effective Date (minus any unapplied retainers).
The Debtors and the Liquidating Companies will have, retain, reserve, and be entitled to assert all such claims, Causes of Action, rights of setoff, or other legal or equitable defenses which the Debtors had immediately prior to the Petition Date as fully as if the Chapter 11 Cases had not been commenced, and all of the Debtors’ legal and/or equitable rights respecting any Claim may be asserted after the Confirmation Date to the same extent as if the Chapter 11 Cases had not been commenced.
Unless otherwise provided herein, any new or amended Claim filed after the later of the Confirmation Date or such applicable Bar Date, if any, shall be deemed disallowed in full and expunged without any action by the Debtors or the Liquidating Companies, unless the Claim holder has obtained prior Bankruptcy Court authorization for the filing.