Reclamation Trust Entity definition

Reclamation Trust Entity means the trust or other legal Entity (as determined by the Debtors and the Consenting Stakeholders in their reasonable discretion in accordance with the terms of the Restructuring Support Agreement and Reclamation Trust Entity Agreement) established on the Effective Date to, among other things: (i) take transfer of, and issue, the Reclamation Trust Entity Interests in accordance with the Plan; (ii) own, monetize, and oversee the operation of the remainder of the Coal Side Debtors’ businesses and operations in a controlled, efficient and value-maximizing manner; (iii) own or terminate the existence of and monetize any remaining assets of the Millennium Debtors; (iv) make distributions in accordance with the Plan and Reclamation Trust Entity Agreement; (v) oversee and administer (a) the termination of the Debtors’ qualified 401(k) retirement plans and any related trusts and the distribution of such plans’ assets to participants and for fulfilling statutory and regulatory requirements related to such plans and (b) any statutory and regulatory requirements related to any terminated Debtor employee benefit plans; (vi) oversee the completion of the Decker Reclamation Plan, and (vii) perform such other services as are contemplated by the Plan and the Reclamation Trust Entity Agreement, all as more fully described in Article IV.B.1 and 2.
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Reclamation Trust Entity means the trust or other legal Entity (as determined by the Debtors and the Consenting Stakeholders in their reasonable discretion in accordance with the terms of the Restructuring Support Agreement and Reclamation Trust Entity Agreement) established on the Effective Date to, among other things: (i) take transfer of the Reclamation Trust Assets and issue the Reclamation Trust Entity Interests in accordance with the Plan; (ii) own, monetize, and operate the remainder of the Coal Side Debtors’ businesses and operations in a controlled, efficient and value-maximizing manner; (iii) own or terminate the existence of and monetize any remaining assets of the Millennium Debtors; (iv) make distributions in accordance with the Plan and Reclamation Trust Entity Agreement; (v) oversee and administer
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Examples of Reclamation Trust Entity in a sentence

  • Upon the Effective Date, any requirement that professionals comply with Bankruptcy Code sections 327 through 331 in seeking retention or compensation for services rendered after such date shall terminate, and professionals may be employed and paid in the ordinary course of business by the Reclamation Trust Entity without any further notice to, or action, order, or approval of, the Court.

  • The powers, authority, responsibilities, and duties of the Reclamation Trust Entity, the Reclamation Trust Entity Representative, and Reclamation Trust Entity Board are set forth in and shall be governed by the Plan, the Plan Supplement, and the Reclamation Trust Entity Agreement.

  • Holders of Fee Claims that are required to file and serve applications for final allowance of their Fee Claims that do not file and serve such applications by the required deadline shall be forever barred from asserting such Claims against the Debtors, the Reclamation Trust Entity, or their respective properties, and such Fee Claims shall be deemed discharged as of the Effective Date.

  • The Reclamation Trust Entity shall pay Fee Claims in Cash in the amount Allowed by the Court.

  • The holder of an Administrative Claim, other than (i) a Fee Claim, (ii) a liability incurred and payable in the ordinary course of business by a Debtor (and not past due), or (iii) an Administrative Claim that has been Allowed on or before the Effective Date, must file with the Court and serve on the Reclamation Trust Entity Representative and its counsel notice of such Administrative Claim within thirty (30) days after service of notice of the Effective Date.

  • The Reclamation Trust Entity shall bear all of the reasonable costs and expenses incurred in connection with determining such value, including the fees and expenses of any professionals retained in connection therewith.

  • The Reclamation Trust Entity Representative may enter into any agreement or execute any document required by or consistent with the Plan and perform all of the Debtors’ and Reclamation Trust Entity’s obligations thereunder.

  • The Debtors and the Reclamation Trust Entity shall have no obligation to recognize any transfer of any Claims occurring after the Record Date.

  • The Reclamation Trust Entity shall be entitled to recognize and deal for purposes under the Plan with only those record holders stated on the claims register as of the close of business on the Record Date.

  • The Reclamation Trust Entity Representative, upon direction by the Reclamation Trust Entity Board, shall have the absolute right to pursue or not to pursue any and all Causes of Action as it determines in the best interests of the Reclamation Trust Entity Interests, and consistent with the purposes of the Reclamation Trust Entity, shall have no liability for the outcome of its decision except for any damages caused by willful misconduct or gross negligence.

Related to Reclamation Trust Entity

  • Litigation Trust Agreement means the trust agreement dated as of the Plan Implementation Date, between SFC and the Litigation Trustee, establishing the Litigation Trust.

  • Litigation Trust means the trust to be established on the Plan Implementation Date at the time specified in section 6.4(p) in accordance with the Litigation Trust Agreement pursuant to the laws of a jurisdiction that is acceptable to SFC and the Initial Consenting Noteholders, which trust will acquire the Litigation Trust Claims and will be funded with the Litigation Funding Amount in accordance with the Plan and the Litigation Trust Agreement.

  • Litigation Trustee means a Person to be determined by SFC and the Initial Consenting Noteholders prior to the Effective Time, with the consent of the Monitor, to serve as trustee of the Litigation Trust pursuant to and in accordance with the terms thereof.

  • Securitization Trust means a trust formed pursuant to a Securitization pursuant to which one or more of the Notes are held.

  • Liquidation Trust Agreement means the Liquidation Trust Agreement to be dated as of the Effective Date establishing the terms and conditions of the Liquidation Trust, substantially in the form attached hereto as Exhibit B.

  • Lead Securitization Trust means the Securitization Trust created in connection with the Lead Securitization.

  • Liquidation Trust means the trust created pursuant to the Liquidation Trust Agreement on the Effective Date in accordance with the Plan, the Confirmation Order and the Liquidation Trust Agreement.

  • Liquidation Trustee means the trustee appointed jointly by the Debtors and the Creditors’ Committee, and identified in the Plan Supplement, to serve as the liquidation trustee under the Liquidation Trust Agreement, or any successor appointed in accordance with the terms of the Plan and Liquidation Trust Agreement.

  • Non-Lead Securitization Trust means the Securitization Trust into which any Non-Lead Securitization Note is deposited.

  • Managing entity means the managing agent or, if there is no managing agent, the time-share

  • Liquidating Trust Agreement means an agreement evidencing the terms and provisions governing a Liquidating Trust that shall be entered into prior to the establishment of such Liquidating Trust and pursuant to which a Liquidating Trustee shall manage and administer Liquidating Trust Assets.

  • Controlling Entity means an entity which owns, directly or indirectly through one or more intermediaries, (i) a general partnership interest or a Controlling Interest of the limited partnership interests in Borrower (if Borrower is a partnership or joint venture), (ii) a manager's interest in Borrower or a Controlling Interest of the ownership or membership interests in Borrower (if Borrower is a limited liability company), (iii) a Controlling Interest of any class of voting stock of Borrower (if Borrower is a corporation), (iv) a trustee's interest or a Controlling Interest of the beneficial interests in Borrower (if Borrower is a trust), or (v) a managing partner's interest or a Controlling Interest of the partnership interests in Borrower (if Borrower is a limited liability partnership).

  • Titling Trust Agreement means the Amended and Restated Trust and Servicing Agreement, dated as of August 26, 1998, among NILT Trust, as the Grantor and the UTI Beneficiary, the Servicer, the Delaware Trustee, the Titling Trustee and the Trust Agent.

  • Vehicle Trust Agreement means that certain amended and restated trust agreement, dated as of September 27, 1996, as further amended as of May 25, 2000 and December 1, 2006 between BMW Manufacturing L.P., as grantor and initial beneficiary, and BNY Mellon Trust of Delaware, formerly known as The Bank of New York (Delaware), as trustee.

  • Owner Trust Estate means all right, title and interest of the Trust in and to the property and rights assigned to the Trust pursuant to Article II of the Sale and Servicing Agreement, all funds on deposit from time to time in the Trust Accounts and all other property of the Trust from time to time, including any rights of the Trust pursuant to the Sale and Servicing Agreement.

  • Issuer Subsidiary means any subsidiary of the Issuer.

  • Operating Entity means an entity that operates and controls a portion of the bulk transmission system with the goal of ensuring reliable energy interchange between generators, loads, and other operating entities.

  • Master Trust Agreement means the Second Amended and Restated Trust Agreement, dated as of May 8, 2019, between Verizon ABS II LLC, as depositor, and the Master Trust Owner Trustee, as amended, restated, supplemented or modified from time to time.

  • Liquidating Trust Assets means the assets of a Debtor or Debtor-Controlled Entity to be transferred to a Liquidating Trust as may be determined by the Plan Administrator, which shall be described in a Liquidating Trust Agreement.

  • Voting Trust Agreement means the Voting Trust Agreement entered into ---------------------- as of April 15, 1996 by and among Xxxxxx X. Xxxx; Xxxxx X. Xxxx, Xx.; Xxxxx X. Xxxx, Xx.; and F. Xxxxxx Xxxxxxx as the Voting Trustees and the stockholders of LSAI Holding Corp. who are parties thereto.

  • Delaware Business Trust Act means Chapter 38 of Title 12 of the Delaware Code, 12 Del. Code Section 3801 et seq., as it may be amended from time to time.

  • Merging entity means an entity that is a party to a merger and exists immediately before the merger becomes effective.

  • Depositor’s Formation Documents means the Certificate of Formation of Nissan Auto Leasing LLC II, dated as of October 24, 2001 and the Limited Liability Company Agreement of Nissan Auto Leasing LLC II, dated as of October 29, 2001.

  • Asset Management Company/UTI AMC/AMC/Investment Manager means the UTI Asset Management Company Limited incorporated under the Companies Act, 1956, (1 of 1956) replaced by The Companies Act, 2013 (No. 18 of 2013) and approved as such by Securities and Exchange Board of India (SEBI) under sub-regulation (2) of Regulation 21 to act as the Investment Manager to the schemes of UTI Mutual Fund;

  • Asset Management Company/UTI AMC/AMC/Investment Manager means the UTI Asset Management Company Limited incorporated under the Companies Act, 1956, (1 of 1956) [replaced by The Companies Act, 2013 (No.18 of 2013)] and approved as such by Securities and Exchange Board of India (SEBI) under sub-regulation (2) of Regulation 21 to act as the Investment Manager to the schemes of UTI Mutual Fund.

  • National City Servicing Agreement Solely with respect to the National City Mortgage Loans, the Master Seller’s Warranties and Servicing Agreement, dated as of October 1, 2001, between the Transferor and National City, as the same may be amended from time to time, and any assignments and conveyances related to the National City Mortgage Loans.