Plan Trust Assets definition
Plan Trust Assets means the assets to be delivered to the Plan Trust pursuant to the Plan Documents and shall include, without limitation, the following assets and any income and profits thereon, and proceeds derived therefrom: (a) the Plan Trust Common Stock; (b) the Asbestos Insurance Rights; (c) all rights of the Debtors under, and all proceeds of, the Asbestos Insurance Settlement Agreements (except for those certain proceeds of the Asbestos Insurance Settlement Agreement with Liberty Mutual Insurance Company, which are payable to the Debtors as provided in Section 5.1(q) of the Plan); (d) the proceeds of the Asbestos In-Place Insurance Coverage; (e) the proceeds of the Asbestos Insurance Actions; (f) the proceeds of the Asbestos Insurance Action Recoveries; (g) the rights granted to the Plan Trust pursuant to the Insurance Assignment Agreement; and (h) the Asbestos Property Damage Insurance Rights.
Plan Trust Assets means the assets to be delivered to the Plan Trust pursuant to the Plan Documents and shall include, without limitation, the following assets and any income, profits, and proceeds derived therefrom: (a) the Promissory Note and the Pledge Agreement; (b) the Asbestos Insurance Rights; (c) the proceeds of the Asbestos Insurance Settlement Agreements; (d) the proceeds of the Asbestos In-Place Insurance Coverage; (e) the proceeds of the Asbestos Insurance Actions; (f) all of the assets held by the Collateral Trust as of the Effective Date; (g) the proceeds of the Asbestos Insurance Action Recoveries; (h) the ABI Contribution; (i) the Asbestos Property Damage Insurance Rights; (j) the Additional Plan Trust Contribution (if payable); (k) Plan Trust Bankruptcy Causes of Action (subject to Section 12.5 of the Plan); (l) other Causes of Action, other than Bankruptcy Causes of Action, related to Plan Trust Asbestos Claims and Plan Trust Assets including, without limitation, the right to void any Asbestos Claim of a Qualified Pre-Petition Settlement Claimant or of a Qualified Participating Claimant whether because of failure to comply with the requirements of any applicable settlement agreement (including, without limitation, the Claimant Agreement) or because such Claim was not submitted in good faith or otherwise and including the right to pursue such Causes of Action, if any, in the name of any Debtor, if necessary; and (m) the rights granted to the Plan Trust pursuant to the Insurance Assignment Agreement.
Plan Trust Assets means the assets to be delivered to the Plan Trust pursuant to the Plan Documents and shall include, without limitation, the following assets and any income, profits, and proceeds derived therefrom: (a) the New Class A Common Stock (including any shares of New Class A Common Stock required to be issued by Reorganized Congoleum in accordance with Exhibit E to the Plan) (if the holders of the Senior Note Claims (as a Class) vote to accept the Plan); (b) the New Convertible Security (if the holders of the Senior Note Claims (as a Class) vote to accept the Plan); (c) the Plan Trust Common Stock (if the holders of the Senior Note Claims (as a Class) do not vote to accept the Plan); (d) the Asbestos Insurance Rights; (e) the proceeds of the Asbestos Insurance Settlement Agreements (subject to Section 6.11 of the Plan and except for those certain proceeds of the Asbestos Insurance Settlement Agreement with Liberty Mutual Insurance Company, which are dedicated pursuant to the Plan to (i) reimburse the Debtors and/or Reorganized Congoleum for the Coverage Costs and (ii) to fund the $600,000 initial contribution to the GHR/Kenesis Actions Litigation Trust); (f) the proceeds of the Asbestos In-Place Insurance Coverage (subject to Section 6.11 of the Plan); (g) the proceeds of the Asbestos Insurance Actions (subject to Section 6.11 of the Plan); (h) all of the assets held by the Collateral Trust as of the Effective Date; (i) the proceeds of the Asbestos Insurance Action Recoveries (subject to Section 6.11 of the Plan); (j) the ABI Contribution; (k) Plan Trust Bankruptcy Causes of Action including,
Examples of Plan Trust Assets in a sentence
The Plan Trustees, each member of the TAC, the Futures Representative and the Representatives of each of the foregoing will have a lien upon the Plan Trust Assets which will be prior to any lien thereon, and the Plan Trust will grant a security interest in the Plan Trust Assets, all proceeds thereof and all accounts into which such proceeds or the Plan Trust Assets are deposited or maintained to secure payment of amounts payable to them as compensation or indemnification.
The Plan Trust will pay all Plan Trust Expenses from the Plan Trust Assets.
Except as provided in the Plan and the Confirmation Order, the transfer to, vesting in and assumption by the Plan Trust of the Plan Trust Assets as contemplated by the Plan, among other things, will discharge the Debtors and the Reorganized Debtors from and in respect of all Plan Trust Asbestos Claims.
All such Plan Trust Bankruptcy Causes of Action will constitute part of the Plan Trust Assets, and will be transferred to and vested in the Plan Trust as of the Effective Date, free and clear of all Claims, Liens and encumbrances of every nature.
Moreover, the possibility that one or more of the Insurance Companies may become insolvent in the future may impact the value of Congoleum's insurance coverage, and thus the value of the Plan Trust Assets.
More Definitions of Plan Trust Assets
Plan Trust Assets means collectively, all Estate Assets as of the Effective Date, including Cash on hand of the Debtors less amounts funded into the Professional
Plan Trust Assets means all Estate Property, excluding the Administrative and Priority Claim Reserve, the Professional Compensation Claim Reserve, the Lien Reserve, the Remaining Assets, and the Net Sale Proceeds.
Plan Trust Assets means all Assets (including the Plan Trust Causes of Action and Other Assets), but specifically excluding (a) the portion of the Net Remaining Restricted Funds paid to the Banks on the Effective Date pursuant to the Plan, (b) the Revested Assets, and (c) the Released Causes of Action.
Plan Trust Assets means collectively and to the extent not otherwise paid in accordance with the Committee Settlement and the Proceeds Stipulation prior to the Effective Date, the Wind Down Reserve, the GUC Reserve, the Future Cash Proceeds, all Estate Assets as of the Effective Date, including Cash on hand of the Debtor, all Causes of Action, including Third Party Claims, and all other Estate Assets, together with all Proceeds of the liquidation of the Plan Trust Assets from any source.
Plan Trust Assets has the meaning set forth in the Plan.
Plan Trust Assets means the assets to be delivered to the Plan Trust pursuant to the Plan Documents and shall include, without limitation, the following assets and any income, profits, and proceeds derived therefrom: (a) the Promissory Note and the Pledge Agreement; (b) the Asbestos Insurance Rights; (c) the proceeds of the Asbestos Insurance Settlement Agreements; (d) the proceeds of the Asbestos In-Place Insurance Coverage; (e) the Claimant Agreement; (f) the proceeds of the Asbestos Insurance Actions; (g) all of the assets held by the Collateral Trust as of the Effective Date; (h) the proceeds of the Asbestos Insurance Action Recoveries; (i) the ABI Contribution; (j) the Asbestos Property Damage Insurance Rights; (k) the Additional Plan Trust Contribution (if payable); (l) Plan Trust Bankruptcy Causes of Action (subject to Section 12.5 of the Plan); and (m) the rights granted to the Plan Trust pursuant to the Insurance Assignment Agreement.
Plan Trust Assets means $21,250,000 in cash, one-half of the estimated $569,000 the Archdiocese expects to receive by filing a claim with the United Kingdom’s Financial Services Compensation Scheme (but only to the extent of 50% of any recoveries actually received), and the right to pursue recoveries against any Non-Settling Insurers.