Examples of Substantial Consummation Date in a sentence
Subject to the provisions of this Plan, the Assets shall be transferred to and by the Reorganized Debtors and Reorganized Herbst Gaming on the Substantial Consummation Date.
Any share of common stock, preferred stock, membership interest or other instrument evidencing an ownership interest in a Debtor, whether or not transferable, and any option, warrant or right, contractual or otherwise, to acquire any such interest in a Debtor that existed immediately prior to the Substantial Consummation Date.
At any time after the Confirmation Date and before the Substantial Consummation Date, notwithstanding anything in this Plan to the contrary, the Debtors may settle any or all of the Litigation Claims with the approval of the Bankruptcy Court pursuant to Bankruptcy Rule 9019.
After the Substantial Consummation Date, the Reorganized Debtors and Reorganized Herbst Gaming may, and shall have the exclusive right to, compromise and settle any Claims against them and claims they may have against other Person or entity, including, without limitation, the Litigation Claims, without notice to or approval from the Bankruptcy Court, including, without limitation, any and all derivative actions pending or otherwise existing against the Debtors as of the Effective Date.
As of the Effective Date or the Substantial Consummation Date, as the case may be, any and all such Causes of Action are settled, compromised and released pursuant hereto.
The economic terms of this agreement shall be honored and performed by the parties thereto as if all assumptions, modifications or other treatments described herein were in effect as of the Effective Date, notwithstanding the fact that the Substantial Consummation Date may not yet have occurred.
From the Effective Date until the Substantial Consummation Date, the Debtors will continue to be managed by the existing officers, directors and the COO/Gaming who shall work in consultation with the Consenting Lenders, regarding the management of operations, maintenance of working capital and utilization of cash flows of the Reorganized Debtors, all in accordance with applicable gaming laws and regulations.
On the Substantial Consummation Date, all Class 8 Equity Interests in Herbst Gaming shall be cancelled.
As of the Effective Date or the Substantial Consummation Date, as the case may be, any and all such rights described in the preceding sentence will be settled, compromised and released pursuant to this Plan.
All of such policies are in full force and effect and are valid and enforceable in accordance with their terms, and the Company has complied with all material terms and conditions of such policies, including premium payments.