Examples of Plan Procedures Order in a sentence
Except to the extent a Class of Claims is deemed to have rejected the Plan, each holder of a Claim in an Impaired Class as of the Ballot Record Date shall be entitled to vote to accept or reject the Plan as provided in the Plan Procedures Order, or in any other order or orders of the Bankruptcy Court.
Pursuant to the Plan Procedures Order, on or about July 15, 2015, the Debtors, through the Solicitation Agent, mailed, by first class mail, postage prepaid, to each creditor specified in the Plan Procedures Order a solicitation package containing copies of, among other things: (i) solicitation letters from the Debtors and the Committee; (ii) the Plan; (iii) the Disclosure Statement; (iv) a ballot and instructions for completing same; (v) the Plan Procedures Order, and (vi) the Plan Procedures Notice.
Whenever the Investment Committee takes action, it exercises its independent judgment on an informed basis that the action is in the best interests of BPCA.
The Debtors further request authorization to commence solicitation of votes to accept or reject the Plan as soon as practicable after entry of the Plan Procedures Order.
All modifications to the Plan since the entry of the Plan Procedures Order are consistent with all of the provisions of the Bankruptcy Code (including sections 942 and 1127(d)) and of the Bankruptcy Rules (including Bankruptcy Rule 3019(a)).
If a claim or interest is not impaired by the Plan, the Bankruptcy Code deems the holder of such claim or interest to have accepted the plan and, accordingly, holders of such claims and interests do not actually vote on the Plan.The Plan Procedures Order sets forth assumptions and procedures for tabulating Ballots that are not completed fully or correctly.
The County, as proponent of the Plan, has complied with all applicable Bankruptcy Code provisions, including sections 1125 and 1126, the Bankruptcy Rules, and the Plan Procedures Order in transmitting the Solicitation Packages and related documents and notices (including the Ratepayer Notice) and in soliciting and tabulating votes on and elections made or deemed made with respect to the Plan.
Service of the Confirmation Hearing Notice and the Solicitation Packages also complied with the applicable provisions of (i) the Bankruptcy Code; (ii) the Bankruptcy Rules, including Bankruptcy Rules 2002, 3017, 3018, and 3020; and (iii) the rules and orders of the Court, including the Plan Procedures Order.
On [ ], 2009, the Court entered the Plan Procedures Order which among other things, set voting procedures, scheduled the combined hearing on approving this Disclosure Statement and confirmation of the Plan, and approved the notice of the confirmation hearing and certain related matters (the “Confirmation Hearing Notice”).
For the avoidance of doubt, the consultation rights afforded to the Consultation Parties by these Plan Sponsor Selection Procedures shall (x) not limit the Debtors’ discretion in the exercise of the Debtors’ reasonable business judgment and (y) be subject to the terms of the Plan Sponsor Selection Procedures and the Plan Procedures Order.