MK Rail definition

MK Rail means MK Rail Corporation, a Delaware corporation.
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MK Rail means defendant MK Rail Corporation.
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Examples of MK Rail in a sentence

  • In such cases, any Cash, MK Rail Stock or Combined Company Securities (or, if the Merger Agreement is terminated, New MK Securities) held for distribution on account of such Claim shall be disposed of pursuant to the provisions set forth in Section VII.C.2 above.

  • Subject to the provisions of Section V.B.4, the Liquidating Trust MK Rail Stock, the Liquidating Trust MK Rail Note Proceeds and the Liquidating Trust Class MK-3 Rights Exercise Proceeds shall be distributed to the Liquidating Trust (and, if the MK Rail Note has not been cancelled pursuant to the MK Rail Note Cancellation Agreement, the MK Rail Note shall also be distributed to the Liquidating Trust).

  • Any Cash, MK Rail Stock or Combined Company Securities (or, if the Merger Agreement is terminated, New MK Securities) to be distributed pursuant to the Plan on account of any such Claim or Interest shall, pending such surrender, be treated as an undeliverable distribution pursuant to Section VII.C.2 above.

  • Distributions to the MK Rail Securities Class Action Plaintiffs shall be made to their designated representative.

  • Each recipient of MK Rail Stock under the Plan shall be deemed to be bound by the MK Rail Stockholder Agreement, whether or not such recipient executed such agreement and shall not be permitted to transfer such MK Rail Stock except pursuant to the terms of the MK Rail Stockholders Agreement.

  • Additionally, if the MK Rail Note has not been cancelled in accordance with the MK Rail Note Cancellation Agreement, the Disbursing Agent shall deliver the MK Rail Note to the Liquidating Trust.

  • Unless terminated by its terms prior to the Effective Date, and whether or not it was previously approved by Final Order, the MK Rail Note Cancellation Agreement and the MK Rail Stockholders Agreement and the transactions contemplated thereby shall be binding on the Debtor, MKO and MK Rail in accordance with their terms, and shall be deemed incorporated by reference herein and shall constitute an integral part of this Plan.

  • The Combined Company (or, if the Merger Agreement is terminated, Reorganized MK) (either in its capacity as Disbursing Agent), or such Third-Party Disbursing Agents as either may employ in its sole discretion, shall make all distributions of Cash, Combined Company Securities (or, if the Merger Agreement is terminated, New MK Securities), MK Rail Note Proceeds, MK Rail Stock and Combined Company Rights Exercise Proceeds required to be distributed under the applicable provisions of the Plan.

  • Notwithstanding any other provision of the Plan, only whole numbers of shares of Combined Company Common Stock (or, if Merger Agreement is terminated, New MK Common Stock), MK Rail Stock and (if the Liquidating Trust is not established) Combined Company Series A Preferred Stock (or, if the Merger Agreement is terminated, the New MK Series A Preferred Stock) shall be issued or transferred, as the case may be, pursuant to the Plan.

  • Except as provided in Section V.E.1.a hereof, nothing in the Plan shall affect the respective claims of MK Rail and of the Debtor against one another, other than with respect to the MK Rail Note as set forth in the MK Rail Note Cancellation Agreement.

Related to MK Rail

  • Project Financing Subsidiary means any Restricted Subsidiary of the Borrower (or any other Person in which Borrower directly or indirectly owns a 50% or less interest) whose principal purpose is to incur Project Financing or to become an owner of interests in a Person so created to conduct the business activities for which such Project Financing was incurred, and substantially all the fixed assets of which Subsidiary or Person are those fixed assets being financed (or to be financed) in whole or in part by one or more Project Financings.

  • Project Finance Entity means: (a) a holder, trustee or agent for holders, of any component of Project Financing; or (b) any purchaser of capacity and/or energy produced by the Customer Facility to which Interconnection Customer has granted a mortgage or other lien as security for some or all of Interconnection Customer’s obligations under the corresponding power purchase agreement.

  • QFC has the meaning assigned to the term “qualified financial contract” in, and shall be interpreted in accordance with, 12 U.S.C. 5390(c)(8)(D).

  • PHH PHH Mortgage Corporation, or any successor in interest.

  • Financing Subsidiary means (a) any Structured Subsidiary or (b) any SBIC Subsidiary.

  • Permitted Sale-Leaseback Transactions means any sale or transfer by the Company or any of its Restricted Subsidiaries of any Principal Property owned by the Company or any of its Restricted Subsidiaries with the intention of taking back a lease thereof; provided, however, that “Permitted Sale-Leaseback Transactions” shall not include any such transaction involving machinery and/or equipment (excluding any lease for a temporary period of not more than thirty-six months with the intent that the use of the subject machinery and/or equipment will be discontinued at or before the expiration of such period) relating to facilities (a) in full operation for more than 180 days as of the date of this Supplemental Indenture and (b) that are material to the business of the Company and its Subsidiaries, taken as a whole, to the extent that the aggregate Attributable Value of the machinery and/or equipment from time to time involved in such transactions (giving effect to payment in full under any such transaction and excluding the Applied Amounts, as defined in the following sentence), plus the amount of obligations and Indebtedness from time to time secured by Liens incurred under Section 6.1(18), exceeds the greater of (i) $1,000 million and (ii) 15.0% of Net Worth as determined at the time of, and immediately after giving effect to, the incurrence of such transactions based on the balance sheet for the end of the most recent quarter for which financial statements are available (such greater amount, the “Applicable Threshold”). For purposes of this definition, “Applied Amounts” means an amount (which may be conclusively determined by the Board of Directors of the Company) equal to the greater of (i) capitalized rent with respect to the applicable machinery and/or equipment and (ii) the fair value of the applicable machinery and/or equipment, that is applied within 180 days of the applicable transaction or transactions to repayment of the Notes or to the repayment of any indebtedness for borrowed money which, in accordance with GAAP, is classified as long-term debt and that is on parity with the Notes.

  • Non-U.S. Entity means an Entity that is not a U.S. Person.

  • Permitted Sale-Leaseback Transaction has the meaning specified in Section 8.13.

  • Permitted Affiliate Transactions means the following:

  • Self-service storage facility or "facility" means any real property designed or used for the purpose of renting or leasing individual storage space to tenants who are to have access to that space for the purpose of storing and removing personal property.

  • Regional asset limit means the maximum housing value in each housing region affordable to a four-person household with an income at 80 percent of the regional median as defined by duly adopted Regional Income Limits published annually by COAH or a successor entity.

  • Unconsolidated Affiliate means, with respect to any Person, any other Person in whom such Person holds an Investment, which Investment is accounted for in the financial statements of such Person on an equity basis of accounting and whose financial results would not be consolidated under GAAP with the financial results of such Person on the consolidated financial statements of such Person.

  • QSE means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act; (j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

  • Non-U.S. Subsidiary means any Subsidiary that is not a U.S. Subsidiary.

  • Special Purpose Securitization Subsidiary means (i) a direct or indirect Subsidiary of the Borrower established in connection with a Permitted Securitization Financing for the acquisition of Securitization Assets or interests therein, and which is organized in a manner (as determined by the Borrower in good faith) intended to reduce the likelihood that it would be substantively consolidated with Holdings (prior to a Qualified IPO), the Borrower or any of the Subsidiaries (other than Special Purpose Securitization Subsidiaries) in the event Holdings (prior to a Qualified IPO), the Borrower or any such Subsidiary becomes subject to a proceeding under the U.S. Bankruptcy Code (or other insolvency law) and (ii) any subsidiary of a Special Purpose Securitization Subsidiary.

  • Project Finance Subsidiary means a Subsidiary that is a special-purpose entity created solely to (i) construct or acquire any asset or project that will be or is financed solely with Project Financing for such asset or project and related equity investments in, loans to, or capital contributions in, such Subsidiary that are not prohibited hereby and/or (ii) own an interest in any such asset or project.

  • Permitted Affiliate means with respect to any Person (a) any Person that directly or indirectly controls such Person, and (b) any Person which is controlled by or is under common control with such controlling Person. As used in this definition, the term “control” of a Person means the possession, directly or indirectly, of the power to vote eighty percent (80%) or more of any class of voting securities of such Person or to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

  • Permitted Securitization Transaction Any financing transaction undertaken by the Seller or an Affiliate of the Seller that is secured, directly or indirectly, by the Collateral or any portion thereof or any interest therein, including any sale, lease, whole loan sale, asset securitization, secured loan or other transfer.

  • Portfolio Company means the issuer or obligor under any Portfolio Investment held by any Obligor.

  • Permitted Sale Leaseback means any Sale Leaseback consummated by the Borrower or any of the Restricted Subsidiaries after the Original Closing Date, provided that any such Sale Leaseback not between (a) a Credit Party and another Credit Party or (b) a Restricted Subsidiary that is not a Credit Party to another Restricted Subsidiary that is not a Credit Party is consummated for fair value as determined at the time of consummation in good faith by (i) the Borrower or such Restricted Subsidiary and, in the case of any Sale Leaseback (or series of related Sales Leasebacks) the aggregate proceeds of which exceed $100,000,000, (ii) the board of directors of the Borrower or such Restricted Subsidiary (which such determination may take into account any retained interest or other Investment of the Borrower or such Restricted Subsidiary in connection with, and any other material economic terms of, such Sale Leaseback).

  • The Owner/Company/BPCL means the Bharat Petroleum Corporation Limited, incorporated in India having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 038 or their successors or assigns

  • Project Company means Company incorporated by the bidder as per Indian Laws in accordance with Clause no 3.5.

  • Restricted Transaction means any of the following transactions or transmit- tals involving any credit, funds, instru- ment, or proceeds that the Act pro- hibits any person engaged in the busi- ness of betting or wagering (which does not include the activities of a financial transaction provider, or any inter- active computer service or tele- communications service) from know- ingly accepting, in connection with the participation of another person in un- lawful Internet gambling—

  • Wholly-Owned Consolidated Subsidiary means any Consolidated Subsidiary all of the shares of capital stock or other ownership interests of which (except directors' qualifying shares) are at the time directly or indirectly owned by the Borrower.

  • Permitted Special Servicer/Affiliate Fees Any commercially reasonable treasury management fees, banking fees, title insurance and/or other insurance commissions and fees, title agency fees, and appraisal review fees received or retained by the Special Servicer or any of its Affiliates in connection with any services performed by such party with respect to any Serviced Loan or REO Property, in each case, in accordance with Article III of this Agreement.

  • Restricted Entity means any "employee benefit plan" as defined in and subject to ERISA, any "plan" as defined in and subject to Section 4975 of the Code, or any entity any portion or all of the assets of which are deemed pursuant to United States Department of Labor Regulation Section 2510.3-101 or otherwise pursuant to ERISA or the Code to be, for any purpose of ERISA or Section 4975 of the Code, assets of any such "employee benefit plan" or "plan" that invests in such entity.