Material Pleading definition

Material Pleading means any of the following items filed with the Bankruptcy Court (a) a plan of reorganization, (b) a disclosure statement with respect to a plan of reorganization, (c) a motion to extend the Credit Parties' exclusive right to file a plan of reorganization and solicit acceptances in connection thereto, (d) a motion, under Section 363 of the Bankruptcy Code, to sell, lease or otherwise dispose of an asset or assets of the estate in an amount not to exceed $1,000,000 for any sale, lease or other disposition and $5,000,000 in the aggregate for all sales, leases and other dispositions, (e) a motion, under Section 363 of the Bankruptcy Code, to implement, adopt or revise an employee retention, severance or similar program, (f) a motion, under Section 364 of the Bankruptcy Code, for any "debtor-in-possession financing" (other than the debtor-in-possession financing authorized in the DIP Financing Order) that does not provide for the repayment in full of the Obligations on the date the first loan is made under such other financing, (g) a motion, under Section 105 of the Bankruptcy Code, to substantively consolidate (A) the estate of the Borrower with the estate of any other member of the Consolidated Group or (B) the estate of any Guarantor with the estate of any member of the Consolidated Group that is not a Guarantor, and (h) any other pleading that would impair, or would have the effect of impairing, the Borrower's ability to repay its obligations arising hereunder or under the DIP Financing Order.
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Material Pleading means any pleading or other filing in the Bankruptcy Case by any Debtor relating to the Plan or Disclosure Statement, the DIP Loan Agreement, the Break-Up Fee, confirmation of the Plan, the payment of Professional Fees or any other matter that could reasonably be expected to adversely affect Parent or Purchaser or their respective rights or obligations hereunder or any Liability of any Debtor as of the Closing other than the payment of accounts payable in the Ordinary Course of Business.
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Material Pleading means any of the following items filed with the Bankruptcy Court (a) a plan of reorganization, (b) a disclosure statement with respect to a plan of reorganization, (c) a motion to extend the Credit Parties' exclusive right to file a plan of reorganization and solicit acceptances in connection thereto, (d) a motion, under Section 363 of the Bankruptcy Code, to sell, lease or otherwise dispose of an asset or assets of the estate in an amount not to exceed $1,000,000 for any sale, lease or other disposition and $5,000,000 in the aggregate for all sales, leases and other dispositions, (e) a motion, under Section 363 of the Bankruptcy Code, to implement, adopt or revise an employee retention, severance or similar program, (f) a motion, under Section 364 of the Bankruptcy Code, for any "debtor-in-possession financing" (other than the debtor-in-possession financing authorized in the DIP Financing Order) that does not provide for the repayment in full of the Obligations on the date the first loan is made under such other financing, (g) a motion, under Section 105 of the Bankruptcy Code, to substantively consolidate
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Examples of Material Pleading in a sentence

  • For so long as this Agreement is in effect, the Debtors shall not, without the written consent of the Purchaser (not to be unreasonably withheld or delayed), file any Material Pleading in the Bankruptcy Case or file a motion or motions with the Bankruptcy Court seeking to reject or assume a Material Contract.

  • Parties shall consent to, support, encourage or assist the entry of an order with respect to a Material Pleading filed by any other Person without the prior written consent of the Required Lenders.


More Definitions of Material Pleading

Material Pleading means (i) a plan of reorganization or disclosure statement and any pleading relating thereto, (ii) any pleading regarding the sale, lease, or other disposition of any materials asset of any member of the Consolidated Group, including any Foreign Subsidiary, (iii) any pleading that involves any issue that would impair, or would have the effect of impairing, the Borrower's or any Indemnitor's ability to repay or honor its obligations arising hereunder, under any Bond, or under the Interim DIP Financing Order, (iv) any pleading seeking approval of any "debtor-in-possession financing" (other than the financing contemplated by this Agreement) that does not on or before the Maturity Date (or such other time as Travelers and the Borrower may agree) provide for the obligations arising hereunder or under any surety bond issued or administered by Travelers to be collateralized or otherwise assured of satisfaction or payment in an amount and manner acceptable to Travelers, (v) any pleading relating to the appointment of a trustee or examiner, (vi) any pleading regarding the dismissal or conversion of any of the Bankruptcy Cases, (vii) any pleading adversely affecting any obligation bonded by Travelers, and (viii) any similar pleading adversely affecting the operations of the Indemnitors or the material interests of Travelers.
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Related to Material Pleading

  • Material Plan means at any time a Plan or Plans having aggregate Unfunded Liabilities in excess of $10,000,000.

  • Material Property means all Real Property owned in fee in the United States by any Credit Party, in each case, with a fair market value of $7,425,000 (as determined by the Borrower in good faith) or more, as determined (i) with respect to any Real Property owned by any Credit Party on the Closing Date, as of the Closing Date, and (ii) with respect to any Real Property acquired by a Credit Party after the Closing Date, as of the date of such acquisition.

  • Material Litigation means any litigation that, according to

  • Material Project means the construction or expansion of any capital project of the Borrower or any of its Subsidiaries, the aggregate capital cost of which exceeds $50,000,000.

  • Material Properties means (a) those Mortgaged Properties designated on Schedule 3.12 as Material Properties and (b) each other Mortgaged Property with respect to which a Mortgage is granted pursuant to Section 5.11 after the Restatement Effective Date.

  • Material Permit shall have the meaning ascribed to such term in Section 3.1(n).

  • Material Permits shall have the meaning ascribed to such term in Section 3.1(n).

  • Environmental Lien means any Lien in favor of any Governmental Authority for Environmental Liabilities and Costs.

  • Tax Filing Authorised Person means such person as any Director shall designate from time to time, acting severally.

  • Material Participation means involvement in the development and operation of the project on a basis which is regular, continuous, and substantial as defined in Code Section 42 and 469(h) of the regulations promulgated hereunder.

  • Material Project Documents means, collectively, the Power Purchase Agreement, the EPC Contract, the Transmission Facilities Construction Agreement, the O&M Agreement, the Coal Supply Agreements, the Coal Transportation Agreement and all other instruments, agreements or other documents arising from or related to the Project, but shall not include any Financing Agreement.

  • Material Company means, at any time:

  • Responsible official means one of the following:

  • Environmental Claim means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or directive (conditional or otherwise), by any Governmental Authority or any other Person, arising (i) pursuant to or in connection with any actual or alleged violation of any Environmental Law; (ii) in connection with any Hazardous Material or any actual or alleged Hazardous Materials Activity; or (iii) in connection with any actual or alleged damage, injury, threat or harm to health, safety, natural resources or the environment.

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Xxxxxxx’s financial condition.

  • Knowledge of the Buyer means, as to a particular matter, the actual knowledge, after reasonable inquiry, of the following persons at the Buyer: Xxxxx Xxxx, Xxxxx Xxxxxxx, Xxxxx Xxxxxxx, Xxxxxx Xxxxx, X.X. Xxxxxxx, and Xxxx Xxxxx.

  • Knowledge of the Seller means the actual knowledge of Xxxx Xxxxx, Xxx Xxxxxxxxx, or Xxxxxx XxXxxxx.

  • Best Knowledge means both what a Person knew as well as what the Person should have known had the Person exercised reasonable diligence. When used with respect to a Person other than a natural person, the term "Best Knowledge" shall include matters that are known to the directors and officers of the Person.

  • Material Action means to consolidate or merge the Company with or into any Person, or sell all or substantially all of the assets of the Company, or to institute proceedings to have the Company be adjudicated bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against the Company or file a petition seeking, or consent to, reorganization or relief with respect to the Company under any applicable federal or state law relating to bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Company or a substantial part of its property, or make any assignment for the benefit of creditors of the Company, or admit in writing the Company's inability to pay its debts generally as they become due, or take action in furtherance of any such action, or, to the fullest extent permitted by law, dissolve or liquidate the Company.

  • Adverse Effect means, with respect to any action, that such action will (a) result in the occurrence of an Event of Default or (b) materially and adversely affect (i) the amount or timing of payments to be made to the Lenders pursuant to this Agreement or (ii) the existence, perfection, priority or enforceability of any security interest in a material amount of the Pledged Receivables taken as a whole or in any material part.

  • Material Objection Notice has the meaning set forth in Section 4.2 of this Agreement.

  • Responsible Offeror means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

  • Additional Form 10-K Disclosure As defined in Section 11.05.

  • Company’s Knowledge means the actual knowledge of the executive officers (as defined in Rule 405 under the 0000 Xxx) of the Company, after due inquiry.

  • Knowledge of Parent means the actual knowledge of the individuals identified on Section 8.11 of the Parent Disclosure Letter.

  • Knowledge of the Sellers means a Seller’s or any of the Company’s officers’ or employees’ (i) actual knowledge; (ii) knowledge that would have been obtained upon reasonable due care; or (iii) knowledge that they should have had in performing the duties of their office.