Examples of Plan Settlements in a sentence
Under the relevant facts and these applicable legal principles, the Debtors believe that the Plan Settlements, taken as a whole, represent a fair and reasonable compromise with respect to the Potential Plan Disputes.
Notwithstanding the discussions and legal analyses presented in connection with the Potential Plan Disputes and Plan Settlements described herein, the information and statements related thereto shall not constitute or be construed as an admission of any fact or liability, stipulation, or waiver by the Debtors, but rather such discussions and legal analyses are solely intended to identify the issues and potential risks associated with the various competing arguments that inform the Plan Settlements.
The terms of the Plan Settlements should be considered together as a global resolution of all of the Potential Plan Disputes.
Through the Plan Settlements, the Plan incorporates a comprehensive settlement and compromise of these issues which, without the necessity to engage in litigation of the Potential Plan Disputes, will provide holders of Claims with recoveries that fall within a reasonable range of the risk adjusted litigation outcome of such disputes.
In reaching the Plan Settlements, the Debtors developed a separate range of reasonable allocations for each category of administrative expenses and, on a macro level, allocated those expenses among the Debtors based upon a view as to the relative benefits enjoyed by each Debtor from the costs incurred.
The Plan Settlements represent a fair and reasonable settlement of each of the issues described above and reflect a commensurate allocation of value between the Arcapita Bank and AIHL estates.
Because a significant portion of the professionals’ efforts have benefitted AIHL, the Plan Settlements allocate a significant portion of the professional fee expense to AIHL, and Arcapita Bank’s payment of this expense on behalf of AIHL was reflected for purposes of arriving at the Plan Settlements as an administrative claim of Arcapita Bank against AIHL.
If accepted, the Plan Settlements will achieve a truly fair and consensual settlement, avoiding protracted post-Confirmation litigation and providing recoveries for each constituency that are reasonable and appropriate in light of, among other things, the Examiner’s Report and his assessment of the range of potential recoveries set forth therein.
Contact three people to provide written moral character references for you, to be mailed directly to the Board, and list them below.
The compromises and settlements set forth in the Plan and/or described in the Confirmation Memorandum, including, without limitation, the Plan Settlements, the Public Entities Plan Support Agreements and the Wildfire OII Settlement, are the product of good faith, arm’s-length negotiations, and to the extent not already approved, are approved and will be effective immediately and binding on all parties in interest.