Examples of PSA Parties in a sentence
Wind Down Co shall be a limited liability company unless, on or before the Effective Date, the Consenting Claimholder determines, with the reasonable consent of the PSA Parties, that Wind Down Co shall be a different form of Entity (e.g., a corporation or a liquidating trust, among others), and determines that such form is in the best interests of the Reorganized Debtors and holders of Allowed Claims against the Debtors.
The Plan contemplates and is predicated upon entry of an order (which may be the Confirmation Order) substantively consolidating the Debtors’ Estates and the Chapter 11 Cases pursuant to a global and integrated compromise and settlement of all disputes among the Debtors, the PSA Parties, the EMEA Subsidiaries, and the PBGC, approval of which is being sought under section 1123(b)(3) of the Bankruptcy Code and Bankruptcy Rule 9019.
Without limiting any applicable restrictions or rights of the Plan Investor under the Plan Funding Agreement or the PSA Parties under Plan Support Agreement, each of the conditions precedent in Section 10.1, other than the condition set forth in Section 10.1(a), may be waived in whole or in part by the Debtors and the PSA Parties, provided, that the waiver of the condition in Section 10.1(g) shall require the consent of the NI Counterparties.
Before the Effective Date, the Debtors may make appropriate technical adjustments and modifications to the Plan and the documents contained in the Plan Supplement without further order or approval of the Bankruptcy Court, subject to the proviso contained in Section 12.1(a) herein and the rights of the PSA Parties set forth in the Plan Support Agreement.
Released Parties means, collectively: (a) the Debtors, Reorganized Debtors,and Wind Down Co, (b) the DIP Lenders, (c) the DIP Agent, (d) the Plan Oversight Board, (e) the Released Subsidiaries, (f) the PSA Parties, (g) VC Summer Claimholder, and (h) with respect to each of the foregoing entities in clauses (a) through (g), such Entities’ Representatives, in each case, solely in their capacity as such.
Without limiting any applicable restrictions or rights of the Plan Investor under the Plan Funding Agreement or the PSA Parties under Plan Support Agreement, each of the conditions precedent in Section 10.1 of the Plan, other than the condition set forth in Section 10.1(a) of the Plan, may be waived in whole or in part by the Debtors and the PSA Parties, provided, that the waiver of the condition in Section10.1(g) of the Plan shall require the consent of the NI Counterparties.
Plan Support Agreement On January 17, 2018, after arm’s-length, good faith discussions, the Debtors entered into the Plan Support Agreement with the PSA Parties and the Directing Party regarding the terms of the transactions contemplated and outlined in the Plan Support Agreement and the Restructuring.
Accordingly, the release, exculpation, and injunction provisions set forth in the Plan are necessary components of the global compromise and settlement, and such provisions are critical to induce each of the PSA Parties to support the Plan and the transactions set forth therein.
Before the Effective Date, the Debtors may makeappropriate technical adjustments and modifications to the Plan and the documents contained in the Plan Supplement without further order or approval of the Bankruptcy Court, subject to the proviso contained in Section 12.1(a) herein and the rights of the PSA Parties set forth in the Plan Support Agreement.
Exculpated Parties means, collectively: (a) the Debtors, ReorganizedDebtors, and Wind Down Co, (b) the DIP Lenders, (c) the DIP Agent, (d) the Plan Oversight Board, (e) the Released Subsidiaries, (f) the PSA Parties, (g) VC Summer Claimholder, and (h) with respect to each of the foregoing entities in clauses (a) through (g), such Entities’ Representatives, in each case, solely in their capacity as such.