Section 365 Motion definition

Section 365 Motion means the motion filed by the Debtors on March 31, 2006, with the Bankruptcy Court seeking authority to reject 5,472 supply contracts with GM pursuant to section 365 of the Bankruptcy Code, which the Bankruptcy Code authorized the Debtors to withdraw without prejudice by an order entered on January 7, 2008 (Docket No. 11755).
Section 365 Motion means the motion filed by the Debtors on March 31, 2006, with the Bankruptcy Court seeking authority to reject 5,472 supply contracts with GM pursuant to section 365 of the Bankruptcy Code, which the Bankruptcy Code authorized the Debtors to withdraw without prejudice by an order entered on January 7, 2008 (Docket No. 11755). Section 1.119 “Separation” shall mean the transactions among GM, the Debtors, and Delphi Affiliate Parties occurring in connection with the entry into the Master Separation Agreement between Delphi and GM on January 1, 1999 and the transfer by GM and certain of its Affiliates of assets, liabilities, manufacturing sites, and employees relating to the former Delphi business sector of GM to certain of the Debtors and Delphi Affiliate Parties. Section 1.120 “Settlement Dispute” shall mean one or more defaults or disputes between GM and any of the Debtors in which (i) the aggregate amount in controversy (including the monetary value or impact of any injunctive relief) exceeds $500,000 (five hundred thousand dollars) and (ii) the claims asserted require the application or construction of this Agreement, the attachments or exhibits hereto (except for the Restructuring Agreement), or the provisions of the Plan relating to the subject matter of this Agreement. By way of clarification, it is not intended by the Parties that the term Settlement Dispute shall include commercial disputes that arise in the ordinary course of business with respect to the various current and future contracts pursuant to which any of the Debtors and/or the Delphi Affiliate Parties supplies components, component systems, goods, or services to any of the GM-Related Parties. Section 1.121 “Splinter Union Employees” shall mean the Delphi hourly employees or retirees who are or were represented by the IAM, the IBEW, or the IUOE. Section 1.122 “Standard GM Terms” shall mean the GM Terms and Conditions as revised in September 2004. Section 1.123 “Transferred Asset Amount” shall have the meaning ascribed to such term in section 2.03(c)(iii)(1) hereof. Section 1.124 “Transfer Date” shall have the meaning ascribed to such term in section 2.03(c)(iii)(1) hereof. Section 1.125 “True-up Amount” shall have the meaning ascribed to such term in section 2.03(c)(iii)(2)(B) hereof. GSA-15
Section 365 Motion has the meaning given to it in the Recitals.

Examples of Section 365 Motion in a sentence

  • RE: [2304] Emergency motion re: Debtors' and Premier Inc.'s (And Subsidiaries) Joint Motion and Joint Motion for Entry of an Order Sealing Confidential Agreements Re Rule 9019 and Section 365 Motion Docket 2304 Matter Notes:5/14/2019 The tentative ruling will be the order.

  • Within ten (10) business days following the Disclosure Statement Approval Datesatisfaction or waiver by both Parties of all conditions to the effectiveness of this Agreement, the Debtors shall withdraw the Section 365 Motion without prejudice.with prejudice the Debtors' complaint against GM filed under seal on October 5, 2007.

  • Chapter 11 #23.00 HearingRE: [2304] Emergency motion re: Debtors' and Premier Inc.'s (And Subsidiaries) Joint Motion and Joint Motion for Entry of an Order Sealing Confidential Agreements Re Rule 9019 and Section 365 Motion Docket 2304 Tentative Ruling:5/13/2019 For the reasons set forth below, the Motion is GRANTED in its entirety.


More Definitions of Section 365 Motion

Section 365 Motion has the meaning specified in Section 19.13(C).

Related to Section 365 Motion

  • Sale Motion means the motion or motions of Sellers filed with the Bankruptcy Court seeking approval and entry of the Sale Order.

  • Bankruptcy Court has the meaning set forth in the Recitals.

  • DIP Motion means a motion to be filed by the Debtors with the Bankruptcy Court seeking Bankruptcy Court approval of the DIP Facility, which motion shall be consistent in all material respects with this Agreement and otherwise in form and substance reasonably acceptable to the Requisite Parties.

  • Bankruptcy Code means the United States Bankruptcy Code, as amended from time to time, any successor statute or rule promulgated thereto.

  • Sale Order means an order or orders of the Bankruptcy Court in form and substance reasonably acceptable to Buyer and Seller approving this Agreement and all of the terms and conditions hereof, and approving and authorizing Seller to consummate the Transactions.

  • Chapter 11 means Chapter 11 of the Bankruptcy Code.

  • CCAA means the Companies’ Creditors Arrangement Act (Canada).

  • Bankruptcy Cases has the meaning set forth in the Recitals.

  • Disclosure Statement Approval Order means the Final Order approving, among other things, the adequacy of the Disclosure Statement pursuant to section 1125 of the Bankruptcy Code.

  • Approval Order means an order entered by the Bankruptcy Court, pursuant to Sections 363 and 365 of the Bankruptcy Code, authorizing and approving, among other things, (a) the sale of the Purchased Assets (b) the assumption of the Assumed Liabilities by Purchaser and (c) the assumption and assignment of the Purchased Contracts, in accordance with the terms and conditions of this Agreement, which will be in a form and substance reasonably acceptable to the Parties.

  • Bankruptcy Case has the meaning assigned to such term in Section 2.05(b).

  • Bid Procedures Order means an Order of the Bankruptcy Court that (a) is in substantially the form set forth as Exhibit A to this Agreement or otherwise in a form reasonably satisfactory to the Sellers and acceptable to the Buyer in its sole discretion, and (b) approves procedures for the solicitation and consideration of competitive bids for the Assets under the terms and conditions of this Agreement and authorizing the protections set forth in Article 11 for the Buyer.

  • U.S. Bankruptcy Court means the United States Bankruptcy Court for the Southern District of New York.

  • Preliminary Approval Order means the proposed Order Granting Preliminary Approval of Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement, which, subject to the approval of the Court, shall be substantially in the form attached hereto as Exhibit A.

  • Interim DIP Order means an interim order of the Bankruptcy Court approving the DIP Motion, which order shall be consistent in all material respects with this Agreement and otherwise in form and substance acceptable to the Requisite Parties.

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

  • Bankruptcy Rules means the Federal Rules of Bankruptcy Procedure.

  • Solicitation Procedures Order means the order of the Bankruptcy Court or other court of competent jurisdiction approving the Debtors' proposed procedures to govern their solicitation of votes on this Plan.

  • Bidding Procedures Order means that certain order of the Bankruptcy Court, entitled “Order (A) Approving Sale Procedures and Bid Protections, Including Break-Up Fee(s), In Connection With Sale Of Substantially All Assets; (B) Scheduling An Auction For And Hearing To Approve One Or More Sales; (C) Approving Notice Of Respective Date, Time And Place For Auction And For Hearing On Approval Of Sale(s),” entered on January 16, 2009.

  • Chapter 11 Case has the meaning set forth in the Recitals.

  • Interim Order means the interim order of the Court, as the same may be amended, in respect of the Arrangement, as contemplated by Section 2.3;

  • U.S. Bankruptcy Code means Title 11 of the United States Code, as amended, or any similar federal or state law for the relief of debtors.

  • United States Bankruptcy Code means the Bankruptcy Reform Act of 1978, as amended and as codified in Title 11 of the United States Code, as amended from time to time hereafter, or any successor federal bankruptcy law.

  • Final Approval Order means the order and final judgment approving the Settlement Agreement, implementing the terms of this Settlement Agreement, and dismissing the Class Action with prejudice, to be proposed by the Settling Parties for approval by the Court, in substantially the form attached as Exhibit 5 hereto.

  • Chapter 11 Cases means (a) when used with reference to a particular Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy Code in the Bankruptcy Court and (b) when used with reference to all the Debtors, the procedurally consolidated chapter 11 cases pending for the Debtors in the Bankruptcy Court.

  • Motion means a formal proposition to be discussed and voted on during the course of a meeting.