Liquidation Trust Causes of Action definition

Liquidation Trust Causes of Action means collectively, the Claims and Causes of Action transferred to the Liquidation Trust on the Effective Date, including, but not limited to, those Claims and Causes of Action set forth on Exhibit D to the Plan. For the avoidance of doubt, the Liquidation Trust Causes of Action shall not include the Settled Mediation Causes of Action.
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Liquidation Trust Causes of Action means collectively, the Causes of Action transferred to the Liquidation Trust on the Effective Date, including, but not limited to, those Claims and Causes of Action set forth on Exhibit [●] to the Plan and any defense or counterclaim to any Disputed Claim, but excluding any and all Causes of Action released and/or exculpated pursuant to the terms of the Plan.
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Liquidation Trust Causes of Action means collectively, the Causesof Action held by the Debtor’s bankruptcy estate, including Avoidance Actions, which shall be transferred to the Liquidation Trust on the Effective Date, including any defense or counterclaim to any Disputed Claim, but excluding any and all Causes of Action released, sold, and/or exculpated pursuant to the terms of the Plan, the APA, and/or the Sale Order.
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Examples of Liquidation Trust Causes of Action in a sentence

  • Article VIII.E of the Joint Plan appropriately provides for the preservation by the Liquidation Trust of the Liquidation Trust Causes of Action, whether existing as of the applicable Petition Date or thereafter arising, including those Causes of Action arising after the Effective Date, in accordance with section 1123(b)(3)(B) of the Bankruptcy Code.

  • A list of the Liquidation Trust Causes of Action is provided in the Schedule of Liquidation Trust Assets, attached as Exhibit D to the Joint Plan, and the Liquidation Trust shall retain all rights with respect to such Liquidation Trust Causes of Action pursuant to the Joint Plan.

  • The Liquidation Trust Causes of Action will be transferred to the Liquidation Trust on the Effective Date.

  • Theprovisions of the Joint Plan regarding the Liquidation Trust Causes of Action are appropriate and are in the best interests of the Plan Debtors, their Estates and all holders of Claims and Interests.

  • The Liquidation Trustee may enter into employment agreements and retain professionals to pursue the Liquidation Trust Causes of Action and otherwise advise the Liquidation Trustee and provide services to the Liquidation Trust in connection with the matters contemplated by the Plan, the Confirmation Order, and the Liquidation Trust Agreement without further order of the Bankruptcy Court.

  • Women’s lack of resources makes them dependent on male relatives and friends to negotiate with state and local authorities.168 This tactic is often prohibitive because of the extra costs involved.

  • The Plan Distributions to be made in Cash under the terms of the Plan shall be funded, as applicable, from: (a) the APA Cash Reserve, (b) the APA 503(b)(9)/Sale Reserve, (c) the UCC Cash Reserve, (d) the Trust Loan, and (e) proceeds of Liquidation Trust Causes of Action.

  • There is a risk that the transfer of the Liquidation Trust Causes of Action to the Liquidation Trust as contemplated by the Plan could be subject to challenge that, if successful, could nullify the transfer of the Liquidation Trust Causes of Action, in whole or in part, and result in the Liquidation Trust being unable to pursue those Liquidation Trust Causes of Action or assert claims in connection therewith.

  • The ultimate amount of Cash available for distributions to the Liquidation Trust Beneficiaries also will be affected by the performance and relative success of the Liquidation Trustee in pursuing the Liquidation Trust Causes of Action.

  • In addition, the resolution of the Liquidation Trust Causes of Action may require a substantial amount of time to be resolved and liquidated.


More Definitions of Liquidation Trust Causes of Action

Liquidation Trust Causes of Action means (a) to the extent the Sale is consummated, Causes of Action, including Avoidance Actions (other than the Excluded Avoidance Actions and Causes of Action, if any, against any of the Released Parties, the Exculpated Parties or any party continuing to do business with or employed by the Reorganized Debtors) and (b) to the extent the Sale is not consummated, Causes of Action that the Debtors and the DIP Agent agree prior to the Effective Date shall not vest with the Reorganized Debtors (other than the Excluded Avoidance Actions and Causes of Action, if any, against any of the Released Parties, the Exculpated Parties or any party continuing to do business with or employed by the Reorganized Debtors).
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Liquidation Trust Causes of Action means collectively, the Causes
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Related to Liquidation Trust Causes of Action

  • Liquidation Trust means the trust created pursuant to the Liquidation Trust Agreement on the Effective Date in accordance with the Plan, the Confirmation Order and the Liquidation Trust Agreement.

  • Liquidation Trust Agreement means the Liquidation Trust Agreement to be dated as of the Effective Date establishing the terms and conditions of the Liquidation Trust, substantially in the form attached hereto as Exhibit B.

  • Liquidation Trustee means the trustee appointed jointly by the Debtors and the Creditors’ Committee, and identified in the Plan Supplement, to serve as the liquidation trustee under the Liquidation Trust Agreement, or any successor appointed in accordance with the terms of the Plan and Liquidation Trust Agreement.

  • Causes of Action means any claims, interests, damages, remedies, causes of action, demands, rights, actions, suits, obligations, liabilities, accounts, defenses, offsets, powers, privileges, licenses, liens, indemnities, guaranties, and franchises of any kind or character whatsoever, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, contingent or non-contingent, liquidated or unliquidated, secured or unsecured, assertable, directly or derivatively, matured or unmatured, suspected or unsuspected, in contract, tort, law, equity, or otherwise. Causes of Action also include: (a) all rights of setoff, counterclaim, or recoupment and claims under contracts or for breaches of duties imposed by law; (b) the right to object to or otherwise contest Claims or Interests; (c) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code; and (d) such claims and defenses as fraud, mistake, duress, and usury, and any other defenses set forth in section 558 of the Bankruptcy Code.

  • Liquidating Trustee has the meaning set forth in Section 6.2(a).

  • Related Claims means all Claims for Wrongful Acts based upon, arising out of, resulting from, or in any way involving the same or related facts, circumstances, situations, transactions or events or the same or related series of facts, circumstances situations, transactions or events, whether related logically, causally or in any other way.

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Exculpated Claim means any claim related to any act or omission in connection with, relating to or arising out of the Chapter 11 Case, formulation, preparation, dissemination, negotiation, or filing of the Disclosure Statement or the Plan or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Case, the pursuit of confirmation or consummation of the Plan, the administration and implementation of the Plan, including the distribution of property under the Plan or any other related agreement. For the avoidance of doubt, no Cause of Action, obligation, or liability expressly preserved by the Plan constitutes an Exculpated Claim.

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

  • Schedule of Retained Causes of Action means the schedule of certain Causes of Action of the Debtors that are not released, waived, or transferred pursuant to the Plan, as the same may be amended, modified, or supplemented from time to time.

  • Voting Trust Agreement means the Voting Trust Agreement entered into ---------------------- as of April 15, 1996 by and among Xxxxxx X. Xxxx; Xxxxx X. Xxxx, Xx.; Xxxxx X. Xxxx, Xx.; and F. Xxxxxx Xxxxxxx as the Voting Trustees and the stockholders of LSAI Holding Corp. who are parties thereto.

  • Administrative Claims Bar Date means the deadline for Filing requests for payment of Administrative Claims, which: (a) with respect to Administrative Claims other than Professional Fee Claims, shall be 30 days after the Effective Date; and (b) with respect to Professional Fee Claims, shall be 45 days after the Effective Date.

  • Subordinated Claims shall have the meaning set forth in Section 3.6(c)(i) hereof.

  • Released PAGA Claims means the claims being released as described in Paragraph 6.2 below.

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.