Examples of Preference Rights in a sentence
Buyer is purchasing the Properties subject to all Preference Rights.
The Seller, the Depositor, the Servicer and the Holders of the Offered Certificates and the Class M-10 and Class M-11 Certificates by their acceptance of such Certificates acknowledge and agree that the Securities Administrator shall execute, deliver and perform its obligations under the Swap Agreement and shall do so solely in its capacity as Securities Administrator of the Supplemental Interest Trust and not in its individual capacity.
Within ten days after the date of this Agreement, Seller shall, subject to Buyer’s prior review of Seller’s consent request letters and Preference Right waiver request letters, initiate all procedures which are reasonably required to comply with or obtain the waiver of all Preference Rights and Transfer Requirements with respect to the Transactions.
Subject to subsection (c), the Preference Claim Litigation Trust, through the Litigation Trust Committee, shall be authorized, and shall have the power, to prosecute, settle or waive, in its sole discretion, the Preference Rights, without further order of the Bankruptcy Court.
The Litigation Trust Committee shall not prosecute or otherwise pursue, formally or informally, the Preference Rights against particular creditors if such prosecution or pursuit would directly or indirectly harm the businesses or the value of any of the Reorganized Debtors.
Except as otherwise provided in the Plan or the Confirmation Order, or in any contract, instrument, release, indenture, or other agreement entered into in connection with the Plan, in accordance with Section 1123(b) of the Bankruptcy Code, on the Effective Date, each Debtor or Reorganized Debtor shall retain all of their respective Litigation Rights that such Debtor or Reorganized Debtor may hold against any Person (other than as to the Preference Rights as set forth in Section 6.14 of the Plan).
Seller shall use its Reasonable Best Efforts to obtain all applicable consents and to obtain waivers of applicable Preference Rights.
On the Effective Date, the Preference Claim Litigation Trust shall be formed and shall be appointed as the representative of the Estates under Section 1123(b) of the Bankruptcy Code for the purpose of pursuing the Preference Rights, which shall be transferred and assigned by the Debtors to the Preference Claim Litigation Trust, as of the Effective Date.
Prior to any such prosecution or pursuit, the Litigation Trust Committee shall give the Reorganized Debtors written notice identifying the creditors against which the Preference Claim Litigation Trust intends to prosecute or otherwise pursue the Preference Rights, and the Reorganized Debtors shall be provided a reasonable opportunity and timeframe in which to object and to be heard as to why such prosecution or pursuit against particular creditors should not occur.
Other than the pursuit of Preference Rights as set forth in Section 6.14 of the Plan, each Debtor or Reorganized Debtor shall retain and may enforce, sue on, settle, or compromise (or decline to do any of the foregoing) all such Litigation Rights.