New Operating Company definition

New Operating Company means a corporation or other Person to be created pursuant to the terms of this Plan or, in the discretion of Kmart’s board of directors after consultation with the Creditors’ Committees and the Plan Investors, a Reorganized Debtor, to be wholly-owned, directly or indirectly, by New Holding Company.
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New Operating Company means any Subsidiary of Ensign, a Holding Company or a Borrower that is created or acquired after the Closing Date in accordance with this Agreement and operates a facility, any other skilled nursing or ancillary skilled nursing facility which is expected to generate or generates Accounts (excluding any Subsidiary which is a real property holding company or operates an assisted living facility).
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New Operating Company means the newly-formed Wholly-Owned Subsidiary of United Industries Corporation, participating in the Asset Drop-Down, which becomes the "Company" hereunder pursuant to the Asset Drop-Down. "Non-Payment Event of Default" means any event (other than a Payment Default) the occurrence of which entitles (or, in the case of any of the events described in clause (vii) of Section 6.01, with the passage of time would entitle) one or more Persons to accelerate the maturity of any Designated Senior Indebtedness.
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Examples of New Operating Company in a sentence

  • 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.

  • 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.

  • 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.

  • The Trustee shall consult with the tax department of New Holding Company, New Operating Company or Kmart, as appropriate, in advance of issuing or filing any Tax Reports, and shall in good faith consider (but shall have no obligation to accept or comply with) all reasonable suggestions of such tax department.


More Definitions of New Operating Company

New Operating Company means a corporation to be created pursuant to the terms of the Plan to be wholly-owned by New Holding Company.
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New Operating Company means a newly-incorporated, wholly-owned subsidiary of New Parent Company, as described in Section 6.5 of the Plan.
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New Operating Company has the meaning set forth in the Plan.
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New Operating Company means the newly-formed Wholly-Owned Subsidiary of United Industries Corporation, which becomes the "Issuer" hereunder pursuant to the Asset Drop-Down.
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New Operating Company means a corporation or other Person to be created pursuant to the terms of this Plan or, in the sole and absolute discretion of Kmart's board of directors, a Reorganized Debtor, to be wholly-owned, directly or indirectly, by New Holding Company.
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