Examples of New Operating Company in a sentence
All liens and security interests, if any, in the Qualifying Real Estate shall remain intact and attach to the net proceeds therefrom to the same extent, validity, and relative priority as existed on the Effective Date, and all proceeds remaining in the Estates of such Debtors after satisfaction of all Allowed Secured Claims, if any, shall be transferred to the New Operating Company.
The New Operating Companies hereby join the Loan Agreement (as amended by this Amendment) each as a Borrower thereunder and agree to be bound by all of the terms thereof, and shall be as if New Operating Company were an original signatory thereto.
Each of the Other Unsecured Claimholder's Pro Rata share of the Other Unsecured Claim Cash Payment Amount shall be an obligation of New Holding Company and New Operating Company.
OR "REORGANIZED DEBTORS" means, individually, any of New Holding Company, New Operating Company, or any Debtor and, collectively, all of New Holding Company, New Operating Company, and the Debtors, in each case from and after the Effective Date.
The Articles of Incorporation (or Certificate of Incorporation or other similar documents, as the case may be) and By-Laws of New Holding Company, New Operating Company, and the other Reorganized Debtors are attached hereto as Exhibit A, Exhibit B, and Exhibit C.
After such date, all unclaimed property relating to distributions shall revert to New Operating Company and any New Holding Company Common Stock held for distribution on account of such Claim shall be cancelled and of no further force or effect and all the other unclaimed property shall revert to New Operating Company, free of any restrictions thereon and notwithstanding any federal or state escheat laws to the contrary.
The New Holding Companies and the New Operating Company shall be single member limited liability companies treated as disregarded entities for U.S. federal Income Tax purposes.
Buyer is only causing the New Operating Company (or any Additional Acquisition Entities, as applicable) to assume the Assumed Liabilities from Seller and the Retained Subsidiaries and is not assuming any other Liability of Seller or any of its Retained Subsidiaries of whatever nature, whether presently in existence or arising hereafter.
In such event, the IRS would be expected to argue that the COD income realized on the discharge of debt claims against the Debtors is for the account of New Operating Company as the successor to HLI.
Assuming a Taxable Transfer, SGPA will recognize gain or loss upon the deemed transfer to New Operating Company in an amount equal to the difference between the fair market value of the Grove Assets and its tax basis in such Grove Assets.