Examples of New MSA in a sentence
Entry into the New MSA Is also Appropriate Under Bankruptcy Code Section 363(b).
Under the horizontal test, management agreements like the New MSA are typical arrangements among companies in the Debtor’s industry, particularly with operators backed by capital from private equity funds.
Thus, the Debtor’s entry into the New MSA at this time benefits the estate by locking in the favorable economic terms at virtually no premium, and ensuring that there is a knowledgeable and motivated team in place to usher the Debtor through the Sale Process while maximizing estate value.
Accordingly, the Debtor believes entry into the New MSA falls within the standard, ordinary course practice of companies in the oil and gas industry and should be permitted.
Accordingly, the Debtor’s decision to enter into the New MSA is a sound exercise of its business judgment and is in the best interest of the Debtor, its estate, its creditors, and all parties in interest and, therefore, the Debtor’s entry into the New MSA is appropriate under Bankruptcy Code section 363(b).
For example, the Debtor determined that it may cost nearly triple the 3 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the New MSA.
The Debtor respectfully submits that its entry into the New MSA is an ordinary course transaction that is permitted without Court approval under Bankruptcy Code section 363(c).
During negotiation of the terms of the New MSA, he resigned from his position as the Debtor’s Chief Executive Officer, retained separate counsel, and resumed negotiations with the Debtor at arms-length.
Nonetheless, out of an abundance of caution, the Debtor is filing this Motion seeking authority to enter into the New MSA.
Among other things, the New MSA covers substantially similar Services as those provided under the Existing MSA, which the Debtor entered into in the ordinary course of business prepetition, and which is customary in this industry.