Chapter 11. authorizing the Debtors to provide certain protections to Sequent Energy Management, L.P.
|
|
- Jasper Montgomery
- 7 years ago
- Views:
Transcription
1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Boston Generating, LLC, et al., 1 Debtors. Chapter 11 Case No (SCC) Jointly Administered Related Docket No. 26 ORDER PROVIDING CERTAIN PROTECTIONS IN CONNECTION WITH, AND AUTHORIZING THE ASSUMPTION OF, EXECUTORY CONTRACTS WITH SEQUENT ENERGY MANAGEMENT, L.P. Upon consideration of the motion (the Motion ) 2 of the Debtors for entry of an order authorizing the Debtors to provide certain protections to Sequent Energy Management, L.P. ( Sequent ) in connection with the Sequent Contracts, to assume the Sequent Contracts, to pay all Cure Amounts relating thereto, and to maintain the Sequent Collateral for the benefit of Sequent; and it appearing that the relief requested is in the best interest of the Debtors estates, their creditors, and other parties-in-interest; and upon consideration of the First Day Declaration; and it appearing that this Court has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. 157 and 1334; and it appearing that this Motion is a core proceeding pursuant to 28 U.S.C. 157(b)(2); and adequate notice of the Motion and opportunity for objection having been given; and it appearing that no other notice need be given; and after due deliberation and sufficient cause therefor, it is hereby ORDERED that: 1. The Motion is granted as set forth herein. 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, include: Boston Generating, LLC (0631); EBG Holdings LLC (3635); Fore River Development, LLC (7933); Mystic I, LLC (0640); Mystic Development, LLC (7940); BG New England Power Services, Inc. (0476); and BG Boston Services, LLC (6921). 2 Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Motion.
2 2. The Debtors are authorized to, assume, and hereby do assume, each of the Sequent Contracts listed on Schedule 1 hereto in their entirety. 3. The assumption of the Sequent Contracts shall be effective as of the date of this Order. 4. The Debtors are authorized to pay and shall pay all Cure Amounts listed on Schedule 1 hereto. 5. The continued provision of Sequent Collateral and the other protections provided pursuant to this Order shall be deemed sufficient adequate assurance of future performance for purposes of assumption under Section 365(b) of the Bankruptcy Code. 6. The Debtors are authorized to make and shall make all payments (other than termination payments) required by the Sequent Contracts, including without limitation, payments due for prepetition deliveries, postpetition deliveries on prepetition contracts, monthly settlement payments, or contract damages for failure to perform under the Sequent Contracts. 7. The Debtors are authorized to pay and shall pay any postpetition obligations due and owing under any of the Sequent Contracts at the prices and pursuant to the terms specified therein, and all such payments shall be free and clear of any prior liens, claims or encumbrances. 8. The Debtors are authorized to maintain and shall maintain collateral for the benefit of Sequent in accordance with the Sequent Contracts, and such collateral shall not be subject to any prior liens, claims or encumbrances. 9. If the Debtors fail to honor the credit support obligations as provided in any of the Sequent Contracts, Sequent may, at its option, and notwithstanding any notice requirements in the Sequent Contracts and any provisions to the contrary contained herein, and in addition to any other rights and remedies which it may have under the Sequent Contract, at law or in equity,
3 elect to withhold and/or suspend deliveries under the Sequent Contract and/or terminate and liquidate the Sequent Contract and any and all transactions provided under such Sequent Contract. This option may be exercised immediately, without prior notice, but notice must promptly follow. 10. Notwithstanding anything in the Sequent Contracts to the contrary and regardless of any provision in the Bankruptcy Code or under applicable law, the Debtors shall be entitled to assign any Sequent Contract and all transactions thereunder to an Affiliate (as that term is defined in Section 101(2) of the Bankruptcy Code) or a third party; provided, however, that (i) any defaults by the Debtors under the Sequent Contracts are cured and (ii) adequate assurance of future performance is provided to Sequent. 11. During the period that the Debtors Chapter 11 Cases are pending, Sequent will not draw on any letter of credit issued as collateral in support of any of the Sequent Contracts unless the Debtors fail to make any payments required by the Sequent Contracts, including without limitation payments due for prepetition deliveries, postpetition deliveries on prepetition contracts, monthly settlement payments, or contract damages for failure to perform under the Sequent Contracts; provided however, that the Debtors shall have three (3) business days after written receipt from Sequent that it has failed to make any of the aforementioned payments to cure any default thereunder before Sequent can draw on any letter of credit. Cash proceeds received by Sequent from drawing on a letter of credit that may be in excess of the Debtors payment obligation shall be held as collateral just as though the Debtors had originally posted cash to support their margin obligations. Notwithstanding the foregoing, nothing herein shall be construed to restrict any rights or remedies that Sequent has under the Sequent Contracts for nonpayment, including without limitation, the right to withhold and/or suspend deliveries.
4 12. All rights and remedies available to Sequent under the terms of the Sequent Contracts, any other agreements, or at law or in equity, other than those necessarily modified by this Order, are unaffected. 13. The Debtors are authorized to recognize, enforce, and allow any offset, netting or cross-netting provisions in any of the Sequent Contracts. 14. Notwithstanding Section 362(a) of the Bankruptcy Code, and except as provided in this Order, Sequent shall have the right to exercise any and all contractual remedies upon prospective defaults or terminations under the Sequent Contracts, except for its right to enforce any contractual right to liquidate, terminate, or accelerate any Sequent Contract solely on the basis of a condition of the kind specified under Section 365(e)(l) of the Bankruptcy Code. 15. Upon entry of this Order, Sequent shall be deemed to have permanently waived, relinquished, and discharged its rights to enforce any contractual right to liquidate, terminate, or accelerate any Sequent Contract solely on the basis of a condition of the kind specified under Section 365(e)(l) of the Bankruptcy Code, during the period that the Debtors Chapter 11 Cases are pending. 16. Notwithstanding anything to the contrary contained herein, any payment to be made, or authorization contained hereunder, shall be subject to the requirements imposed on the Debtors under any approved debtor-in-possession financing facility, or any order regarding the use of cash collateral.
5 17. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order. Dated: September 23, 2010 New York, New York /S/ Shelley C. Chapman Honorable Shelley C. Chapman United States Bankruptcy Judge
6 Schedule 1 Sequent Contracts Name of Contract Date of Contract Estimated Cure Amount as of and Including September 22, 2010 Fuel Management Agreement by and between April 1, 2008 $4,043,155 Boston Generating, LLC and Sequent Energy Management, L.P. NAESB Base Contract between Sequent March 1, 2008 $0 Energy Management, L.P. and Boston Generating, LLC Transaction Confirmation For Natural Gas n/a $0 (Mystic 7 Facility) Transaction Confirmation For Natural Gas (Fore River Facility) n/a $ HOUSTON
Case 16-60040 Document 80 Filed in TXSB on 05/13/16 Page 1 of 5
Case 16-60040 Document 80 Filed in TXSB on 05/13/16 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION IN RE: LINN ENERGY LLC, et al. Debtor(s). Chapter
More informationCase 15-12054-KG Doc 373 Filed 11/20/15 Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11
Case 15-12054-KG Doc 373 Filed 11/20/15 Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: CITY SPORTS, INC., et al., Chapter 11 Case No. 15-12054 (KG) Debtors. 1 Jointly Administered
More informationSTIPULATION AND AGREED ORDER AMONG THE DEBTORS AND THE HERTZ CORPORATION FOR ASSUMPTION AND ASSIGNMENT OF EXECUTORY CONTRACTS
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x : In re : Chapter 11 Case No. : GENERAL MOTORS CORP., et al., : 09-50026 (REG)
More informationCase 15-12054-KG Doc 284 Filed 11/06/15 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11
Case 15-12054-KG Doc 284 Filed 11/06/15 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: CITY SPORTS, INC., et al., Chapter 11 Case No. 15-12054 (KG) Debtors. 1 Jointly Administered
More informationIn re: : Chapter 11 : PATRIOT COAL CORPORATION, et al., : Case No. 12-12900 (SCC)
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------- x In re: : Chapter 11 : PATRIOT COAL CORPORATION, et al., : Case No. 12-12900 (SCC)
More informationCase 10-93904-BHL-11 Doc 416 Filed 03/31/11 EOD 03/31/11 15:52:22 Pg 1 of 12 SO ORDERED: March 31, 2011.
Case 10-93904-BHL-11 Doc 416 Filed 03/31/11 EOD 03/31/11 15:52:22 Pg 1 of 12 SO ORDERED: March 31, 2011. Basil H. Lorch III United States Bankruptcy Judge IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) ) ) ) )
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: KARSONS INTERNATIONAL, INC., Debtor. Chapter 11 Case No. 10-07307 DEBTOR'S MOTION FOR AN ORDER PURSUANT
More informationCase 16-20012 Document 619 Filed in TXSB on 05/27/16 Page 1 of 7
Case 16-20012 Document 619 Filed in TXSB on 05/27/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION In re: Chapter 11 SHERWIN ALUMINA COMPANY, LLC,
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION
Jonathan L. Hauser Richard M. Cieri (admitted pro hac vice) VSB No. 18688 Christopher J. Marcus (admitted pro hac vice) TROUTMAN SANDERS LLP Michael A. Cohen (admitted pro hac vice) 222 Central Park Avenue
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF. Case No.
FORM 10A.71 INTERIM FACTORING FINANCING ORDER IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF In re: In Proceedings Under Chapter 11 Case No. Debtor. INTERIM ORDER APPROVING SECTION 364 FINANCING
More information13-22840-rdd Doc 402 Filed 10/25/13 Entered 10/25/13 16:17:31 Main Document Pg 1 of 10. (Jointly Administered)
Pg 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x In re: SOUND SHORE MEDICAL CENTER OF WESTCHESTER, et al., 1 Debtors.
More informationState of Illinois Vendor Payment Program. Program Terms December 13, 2012
State of Illinois Vendor Payment Program Program Terms December 13, 2012 Background: As a result of the current cash flow deficit, the State of Illinois (the State ) has been forced to delay payment to
More informationIn re : Case No. 01-16034 (AJG) ENRON CORP., et al., : Chapter 11
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re : Case No. 01-16034 (AJG) ENRON CORP., et al., : Chapter 11 -------------------------------------------------------
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN. [ #_ Amended (if applicable)] Chapter 13 Plan
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN Debtor(s) Case No: [ #_ Amended (if applicable)] Chapter 13 Plan CHECK ONE: The Debtor certifies that the Plan does
More information13-10526-scc Doc 16 Filed 02/27/13 Entered 02/27/13 15:01:33 Main Document Pg 1 of 5
Pg 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- x In re: : : Chapter 15 THE JOHN FORSYTH SHIRT : COMPANY LTD., et
More informationChapter 13 Handbook. David Burchard Chapter 13 Trustee Santa Rosa Division. (707) 544-5500 * Fax (707) 544-0475 www.burchardtrustee.
Chapter 13 Handbook David Burchard Chapter 13 Trustee Santa Rosa Division (707) 544-5500 * Fax (707) 544-0475 www.burchardtrustee.com TABLE OF CONTENTS I. Disclaimer.....1 II. Introduction.......2 III.
More informationONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) Court File No. CV-12-9719-00CL IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C 36, AS AMENDED APPLICATION OF LIGHTSQUARED
More informationTHIS MATTER came before the Court on December 3, 2012, on the motion
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x In re : Chapter 11 : Interfaith Medical Center, Inc., 1 : Case No. 12-48226 (CEC) : Debtor.
More informationCase:14-26132-EEB Doc#:10 Filed:12/03/14 Entered:12/03/14 16:04:24 Page1 of 4
Case:14-26132-EEB Doc#:10 Filed:12/03/14 Entered:12/03/14 16:04:24 Page1 of 4 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO CLINE MINING CORPORATION, Debtor in a Foreign Proceeding. (Joint Administration
More informationBUY-SELL AGREEMENT. WHEREAS, the Stockholders together own 100% of the outstanding shares of capital stock of the Corporation, and
BUY-SELL AGREEMENT AGREEMENT, made this (1) day of (2), (3), by and between (4), (5), (6), hereinafter separately referred to as "Stockholder", and jointly as "Stockholders", and (7), a (8) corporation,
More information12-10202-alg Doc 925 Filed 04/19/12 Entered 04/19/12 11:34:48 Main Document Pg 1 of 5
Pg 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re: : Chapter 11 : EASTMAN KODAK COMPANY, et al. 1 : Case No.
More informationAmendment and Consent No. 2 (Morris County Renewable Energy Program, Series 2011)
Execution Version Amendment and Consent No. 2 (Morris County Renewable Energy Program, Series 2011) by and among MORRIS COUNTY IMPROVEMENT AUTHORITY, COUNTY OF MORRIS, NEW JERSEY, U.S. BANK NATIONAL ASSOCIATION
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK In re: TETRAGENEX PHARMACEUTICALS, INC. 1 Chapter 11 Case No. 10-78439-reg Debtor RECITALS: ORDER APPROVING THE DISCLOSURE STATEMENT
More informationCase 15-21416 Doc 253 Filed 11/03/15 Entered 11/03/15 16:22:54 Desc Main Document Page 1 of 13
Document Page 1 of 13 UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT HARTFORD DIVISION IN RE: : CHAPTER 11 : THORNTON & CO., INC. : CASE NO 15-21416 (AMN) : Debtor : RE: ECF No. 248 : ORDER GRANTING
More informationUNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK. Chapter 11 Cases. In re. Adelphia Communications Corp., et al.,
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Adelphia Communications Corp., et al., Debtors. Chapter 11 Cases Case No. 02-41729 (REG) Jointly Administered ADELPHIA COMMUNICATIONS
More information11-15463-shl Doc 8096 Filed 05/10/13 Entered 05/10/13 11:28:56 Main Document Pg 1 of 8
Pg 1 of 8 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x : In re : Chapter 11 Case No. : AMR CORPORATION, et al., : 11-15463
More informationCase 15-60070 Document 126 Filed in TXSB on 10/09/15 Page 1 of 5
Case 15-60070 Document 126 Filed in TXSB on 10/09/15 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION In re: HII TECHNOLOGIES, INC. Chapter 11 Debtor
More informationINTRODUCING BROKER COMMODITY FUTURES CUSTOMER AGREEMENT WITH E*TRADE SECURITIES LLC
INTRODUCING BROKER COMMODITY FUTURES CUSTOMER AGREEMENT WITH E*TRADE SECURITIES LLC Re: Supplement to Commodity Futures Customer Agreement dated between MF Global, Inc ( MF Global ) and the customer named
More informationLoan Agreement (Short Form)
Loan Agreement (Short Form) Document 2050A Access to this document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information that appear
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE "#$%&'!#(!(%)%"*!#(!+',$#-!%"!!.#//'//%#"!(%"0"&%"*!/1"+%&0$%#"!.-#&'+2-'/!
!aaassseee 111555- - -111000555000333- - -MMMFFFWWW DDDoooccc 888111 FFFiiillleeeddd 000333///111333///111555 PPPaaagggeee 111 ooofff 777 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF VIRGINIA Division CHAPTER 13 PLAN AND RELATED MOTIONS
UNITED STATES BANKRUPTCY COURT DISTRICT OF VIRGINIA Division CHAPTER 13 PLAN AND RELATED MOTIONS Name of Debtor(s): Case No: This Plan, dated, is: the first Chapter 13 Plan filed in this case. a modified
More informationUNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION - YOUNGSTOWN
UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION - YOUNGSTOWN In re: ) Chapter 13 Case No.: ) ) Judge Kay Woods ) ) G Original Chapter 13 Plan dated ) G (First) Amended
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA
IT IS HEREBY ADJUDGED and DECREED this is SO ORDERED. The party obtaining this order is responsible for noticing it pursuant to Local Rule 0-1. Dated: September, 0 1 In re: Mortgages Ltd., IN THE UNITED
More informationCase 12-11661-KJC Doc 4624 Filed 06/29/16 Page 1 of 7
Case 12-11661-KJC Doc 4624 Filed 06/29/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------x In re : Chapter 11 : WP
More informationLOCAL BANKRUPTCY FORM 4001-1.1 [Caption as in Bankruptcy Official Form 16A]
LOCAL BANKRUPTCY FORM 4001-1.1 NOTICE OF MOTION FOR RELIEF FROM STAY AND OPPORTUNITY FOR HEARING PURSUANT TO 11 U.S.C. 362(d) OBJECTION DEADLINE: (month/day/year). YOU ARE HEREBY NOTIFIED that a Motion
More information13-22840-rdd Doc 1181 Filed 08/10/15 Entered 08/10/15 11:09:58 Main Document Pg 1 of 7
Pg 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re: Chapter 11 SOUND SHORE MEDICAL CENTER OF WESTCHESTER, et al.
More informationFor personal use only
Master Securities Loan Agreement 2000 Version Dated as of: Between: and 1. Applicability. From time to time the parties hereto may enter into transactions in which one party ( Lender ) will lend to the
More informationNOTICE OF DESIGNATION OF LIQUIDATING TRUSTEE PURSUANT TO SECTION 7.02.1 OF SECOND AMENDED JOINT PLAN OF LIQUIDATION OF BOSTON GENERATING, LLC, ET AL.
D. J. Baker Robert J. Rosenberg Caroline A. Reckler Kimberly A. Posin (appearing pro hac vice) LATHAM & WATKINS LLP 885 Third Avenue New York, New York 10022-4834 Telephone: (212) 906-1200 Facsimile: (212)
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING]
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA CHAPTER 13 PLAN [MOTION FOR FRBP RULE 3012 VALUATION HEARING] Original plan Amended plan -- Date amended: The debtor's future earnings are submitted
More informationTHE BASICS OF CHAPTER 11 BANKRUPTCY
THE BASICS OF CHAPTER 11 BANKRUPTCY Bankruptcy is a legal proceeding in which a debtor declares an inability to pay consumer or business debts as they become due. Debtors may seek to be excused from continuing
More informationUnited States Bankruptcy Court District of
B25B (Official Form 25B) (12/08) United States Bankruptcy Court District of In re, Case No. Debtor Small Business Case under Chapter 11 [NAME OF PLAN PROPONENT] S DISCLOSURE STATEMENT, DATED [INSERT DATE]
More informationCase 12-03031-LA11 Filed 12/13/12 Doc 603 Pg. 1 of 5
Case -00-LA Filed // Doc 0 Pg. of 0 West Broadway, Suite 00 0 Jeffrey D. Cawdrey (SBN Megan M. Adeyemo (CO BN GORDON & REES LLP 0 W. Broadway, Suite 00 Telephone: ( -00 Facsimile: ( - Attorneys for Debtor
More information14-13200-shl Doc 218 Filed 02/19/15 Entered 02/19/15 17:16:04 Main Document Pg 1 of 10
Pg 1 of 10 William R. Baldiga, Esquire R. Benjamin Chapman, Esquire BROWN RUDNICK LLP 7 Times Square New York, NY 10036 (212) 209-4800 Counsel for the Debtor and Debtor-in-Possession UNITED STATES BANKRUPTCY
More information14-13009-scc Doc 26 Filed 12/17/14 Entered 12/17/14 16:02:28 Main Document Pg 1 of 10
Pg 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK X In re SOVEREIGN ASSETS LTD., Debtor in Foreign Proceeding. X Chapter 15 Case No. 14-13009 ORDER GRANTING (1) RECOGNITION OF FOREIGN
More informationBUY-SELL AGREEMENT. AGREEMENT, made this _(1)_ day of (2), 19_(3)_, by and between. (4), (5), (6), hereinafter separately referred to as
BUY-SELL AGREEMENT The sample buy-sell agreement below is for information purposes only. Neither MEG Financial, Inc. nor any of its representatives offers legal or tax advice. Please consult your tax and
More informationI. The What, Who, Why and When of Plan Support Agreements
I. The What, Who, Why and When of Plan Support Agreements A. The What (12:15-12:30): An agreement setting forth the terms of a plan of reorganization signed by the Debtor and the Debtors' stakeholders
More informationCase 10-33583-bjh11 Doc 31 Filed 12/07/10 Entered 12/07/10 18:18:45 Desc Main Document Page 1 of 10
Document Page 1 of 10 Eric A. Liepins ERIC A. LIEPINS, P.C. 12770 Coit Road Suite 1100 Dallas, Texas 75251 Ph. (972) 991-5591 Fax (972) 991-5788 ATTORNEYS FOR DEBTOR IN THE UNITED STATES BANKRUPTCY COURT
More informationBROKERAGE Development General Agent AGREEMENT
BROKERAGE Development General Agent AGREEMENT BANNER LIFE INSURANCE COMPANY ROCKVILLE, MARYLAND Agreement of Brokerage Development General Agent 1. APPOINTMENT Subject to the terms and conditions of this
More informationPRODUCT SALES AGREEMENT
PRODUCT SALES AGREEMENT This Product Sales Agreement (this Agreement ) is made as of the day of, 201, by and between Georgia Tech Applied Research Corporation, a Georgia non-profit corporation ( Seller
More informationUNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES TRUSTEE DISTRICT OF DELAWARE. Chapter 11
UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES TRUSTEE DISTRICT OF DELAWARE In re: REAL MEX RESTAURANTS, INC., et al., Debtors. 1 Chapter 11 Case No. 11-13122(BLS) (Jointly Administered)
More information15-11877-smb Doc 13 Filed 07/21/15 Entered 07/21/15 15:12:40 Main Document Pg 1 of 5 ORDER GRANTING PROVISIONAL RELIEF
Pg 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re COGENT FIBRE INC., Debtor in a Foreign Proceeding. Chapter 15 Case No. 15-11877 (SMB) Recognition Request Pending ORDER GRANTING
More informationCase 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,
More informationASSIGNMENT OF LIFE INSURANCE POLICY AS COLLATERAL
FORMS 6.3 LOAN DOCUMENTATION MANUAL 249 Form 6.3 ASSIGNMENT OF LIFE INSURANCE POLICY AS COLLATERAL Assignee: Policy Number: Insurer: Insured: Debtor: A. For Value Received, the undersigned hereby assign,
More informationCase 8:14-bk-02567-MGW Doc 148 Filed 07/11/14 Page 1 of 12 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:14-bk-02567-MGW Doc 148 Filed 07/11/14 Page 1 of 12 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: WITHOUT WALLS INTERNATIONAL CHURCH, INC., Debtor. / Chapter 11
More informationCase 08-11586-KG Doc 7468 Filed 05/20/13 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 08-11586-KG Doc 7468 Filed 05/20/13 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 ) MERVYN S HOLDINGS, LLC, et al., 1 ) Case No. 08-11586 (KG)
More informationCase 15-12054-KG Doc 123 Filed 10/20/15 Page 1 of 2
Case 15-12054-KG Doc 123 Filed 10/20/15 Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: CITY SPORTS, INC., et al., Chapter 11 Case No. 15-12054 (KG) Debtors. 1 (Jointly Administered)
More informationOREGON BUSINESS DEVELOPMENT DEPARTMENT CREDIT ENHANCEMENT FUND INSURANCE PROGRAM LOAN INSURANCE AGREEMENT
OREGON BUSINESS DEVELOPMENT DEPARTMENT CREDIT ENHANCEMENT FUND INSURANCE PROGRAM LOAN INSURANCE AGREEMENT In consideration of the mutual undertakings set forth in this Agreement, ("Lender") and the State
More informationCase 11-01444-BHL-11 Doc 299 Filed 06/13/12 EOD 06/13/12 18:49:54 Pg 1 of 6
Case 11-01444-BHL-11 Doc 299 Filed 06/13/12 EOD 06/13/12 18:49:54 Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION In re: ) ) Chapter 11 CASTLETON PLAZA, LP,
More informationCOMPANY NAME : SHY CREATION, INC. Distributor of Fine Jewelry 650 S. Hill St. Ste. 428 Los Angeles, CA 90014 TEL: (213)623-8900; FAX: (213)623-0860
COMPANY NAME : SHY CREATION, INC. Distributor of Fine Jewelry 650 S. Hill St. Ste. 428 Los Angeles, CA 90014 TEL: (213)623-8900; FAX: (213)623-0860 Thank you for your interest in Shy Creation. Please provide
More information09-50026-reg Doc 11627 Filed 04/23/12 Entered 04/23/12 15:12:23 Main Document Pg 1 of 6
09-50026-reg Doc 11627 Filed 04/23/12 Entered 04/23/12 151223 Main Document Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x
More informationThe logo on this form may have been updated. The content of this document has not been modified since its original website posting.
The logo on this form may have been updated. The content of this document has not been modified since its original website posting. In light of rapidly changing business and regulatory environments, current
More informationDISCRETIONARY INVESTMENT ADVISORY AGREEMENT
DISCRETIONARY INVESTMENT ADVISORY AGREEMENT AGREEMENT, made this day of, 20 between the undersigned party, (hereinafter referred to as the Client ), and Walkner Condon Financial Advisors LLC, a registered
More informationTHIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DYNEGY INC. Pursuant to Section 303 of the Delaware General Corporation Law
THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DYNEGY INC. Pursuant to Section 303 of the Delaware General Corporation Law Dynegy Inc., a corporation duly organized and validly existing under
More informationMORTGAGE BROKER AGREEMENT
MORTGAGE BROKER AGREEMENT This Mortgage Broker Agreement (the "Agreement") is entered into by and between: ST. CLOUD MORTGAGE, a California Corporation (the "Lender"), and (the "Mortgage Broker") as of
More information11-15463-shl Doc 4407 Filed 09/12/12 Entered 09/12/12 10:39:59 Main Document Pg 1 of 7
11-15463-shl Doc 4407 Filed 09/12/12 Entered 09/12/12 103959 Main Document Pg 1 of 7 Telephone (212) 310-8000 Facsimile (212) 310-8007 Attorneys for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ---------------------------------------------------------------x In re Chapter 9 CITY OF DETROIT, MICHIGAN,
More informationUNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934 Release No. 73734 / December 4, 2014 Admin. Proc. File No. 3-16024 UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION In the Matter of ATP OIL & GAS
More informationCLEARING MEMBERSHIP AGREEMENT
CLEARING MEMBERSHIP AGREEMENT DATED between LCH.CLEARNET LLC and LCH.CLEARNET LIMITED 17 State Street, 28th floor, New York, NY 10004 Telephone: +1 (212) 513-8282 Website: www.lchclearnet.com In consideration
More information08-01789-brl Doc 4602 Filed 12/21/11 Entered 12/21/11 10:44:02 Main Document Pg 1 of 7
Pg 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, v. Plaintiff-Applicant, Adv. Pro. No. 08-1789 (BRL) SIPA Liquidation (Substantively Consolidated)
More informationORDERED in the Southern District of Florida on November 17, 2011.
Case 11-01923-EPK Doc 38 Filed 11/17/11 Page 1 of 9 [Tagged Opinion] ORDERED in the Southern District of Florida on November 17, 2011. Erik P. Kimball, Judge United States Bankruptcy Court UNITED STATES
More informationJURISDICTION AND VENUE
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: AR BROADCASTING HOLDINGS, INC., et al., 1 Debtors. Chapter 11 Case No. 11-13674 (BLS) (Joint Administration Pending) DEBTORS' MOTION
More informationPartial Assignment of Life Insurance Policy as Collateral
Partial Assignment of Life Insurance Policy as Collateral No assignment of a policy, or of any interest therein, will be binding on the Company unless such assignment, or a signed or certified copy thereof,
More informationIN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: ) Case No. 12-43590-705 ) ROBERTS HOTELS HOUSTON, LLC, ) et al ) Jointly Administered ) Under Chapter 11 Debtors.
More informationDiscretionary Investment Management Agreement Vulcan Investments LLC 2100SouthBridge Pkwy Suite 650, Birmingham AL, 35209 1. Scope of Engagement a)
Discretionary Investment Management Agreement This investment management agreement (the Agreement ) is, made this day of, 20 Between the undersigned party, Client(s) whose mailing address is. (Hereinafter
More informationExhibit 10(b). McDonald s Excess Benefit and Deferred Bonus Plan
Exhibit 10(b). McDonald s Excess Benefit and Deferred Bonus Plan Section 1. Introduction 1.1 The Plan. McDonald s Corporation (the Company ) has adopted the McDonald s Excess Benefit and Deferred Bonus
More informationFORM OF SURETY BOND. NOW, THEREFORE, Surety hereby agrees and covenants as follows:
FORM OF SURETY BOND Surety Bond No. THIS SURETY BOND is issued on [October 6, 2011] by [full legal name of surety] ( Surety ) on behalf of [New Wave Energy Corp] ( Principal ), and in favor of the New
More informationIRREVOCABLE LETTER OF CREDIT REIMBURSEMENT AGREEMENT
4/1/2015 IRREVOCABLE LETTER OF CREDIT REIMBURSEMENT AGREEMENT THIS AGREEMENT, dated as of, is between, an institution organized and existing under the laws of having its principal office at (the Customer
More informationPOWER PURCHASE AND SALE AGREEMENT [NON-INCENTIVE]
POWER PURCHASE AND SALE AGREEMENT [NON-INCENTIVE] This POWER PURCHASE AND SALE AGREEMENT (this Agreement ) is entered into effective as of, 20 (the Effective Date ), by and between ( Seller ), and Salt
More informationCase:14-04744-BKT11 Doc#:67 Filed:10/09/14 Entered:10/09/14 15:14:42 Document Page 1 of 7
Case:-0-BKT Doc#: Filed:0/0/ Entered:0/0/ :: Document Page of IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF PUERTO RICO 0 IN RE: CASE NO. -0 Chapter TRIPLE A & R CAPITAL INVESTMENT, INC Debtor(s)
More informationCase 8-12-74493-ast Doc 100 Filed 05/17/13 Entered 05/17/13 15:30:10
Case 8-12-74493-ast Doc 100 Filed 05/17/13 Entered 05/17/13 15:30:10 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------X In re: GATZ
More informationRetail Finance Agreement
Retail Finance Agreement TO: CommunityOne Bank, N.A., a North Carolina corporation (hereafter referred to as The Bank ). The undersigned (hereinafter referred to as Dealer ) desires to offer for sale to
More informationBANKRUPTCY TERMINOLOGY
ADVERSARY PROCEEDING BANKRUPTCY TERMINOLOGY A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the bankruptcy court. ASSUME An agreement to continue performing
More informationIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION IN THE MATTER OF THE POSSESSION ) AND CONTROL OF THE COMMISSIONER ) OF BANKS AND REAL ESTATE OF ) Case No.: 00 CH 05905
More informationCase 8-15-71074-reg Doc 507 Filed 09/22/15 Entered 09/22/15 14:00:50
Case 8-15-71074-reg Doc 507 Filed 09/22/15 Entered 09/22/15 14:00:50 TOGUT, SEGAL & SEGAL LLP One Penn Plaza, Suite 3335 New York, New York 10119 (212) 594-5000 Frank A. Oswald Anthony F. Pirraglia Co-Counsel
More informationSETTLEMENT AND RELEASE AGREEMENT
SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ( Settlement and Release ) is entered into on October 31, 2007, by and between Refco Inc. and certain of its affiliates that were
More informationAppendix A to 1.20 Futures Commission Merchant Acknowledgment Letter for CFTC
Appendix A to 1.20 Futures Commission Merchant Acknowledgment Letter for CFTC Regulation 1.20 Customer Segregated Account [Date] [Name and Address of Bank, Trust Company, We refer to the Segregated Account(s)
More informationORDER GRANTING DEBTORS 192ND OMNIBUS OBJECTION TO CLAIMS (Duplicative Debt Claims from Different Series of Debt)
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re Chapter 11 Case No. MOTORS LIQUIDATION COMPANY, et al., 09-50026 (REG)
More informationEvergreen Solar, Inc. 13% Convertible Senior Secured Notes Due 2015 *Cusip: 30033RAE8 (the Notes ) Notice of Interim Distribution
Corporate Trust Services 214 North Tryon Street, 27 th Floor Charlotte, NC 28202 Notice to Holders of: Evergreen Solar, Inc. 13% Convertible Senior Secured Notes Due 2015 *Cusip: 30033RAE8 (the Notes )
More informationTHIRD AMENDMENT TO DOMESTIC FACTORING AGREEMENT
THIRD AMENDMENT TO DOMESTIC FACTORING AGREEMENT Exhibit 10.139 This Third Amendment to Domestic Factoring Agreement ( Amendment ) made as of April 29, 2004 by and between Pacific Business Funding, a division
More informationCase 14-30327 Doc 72 Filed 04/28/14 Entered 04/28/14 15:26:31 Desc Main Document Page 1 of 6
Document Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS (Western Division) In re: NORTHERN BERKSHIRE HEALTHCARE, INC., et al. 1 Debtors. Chapter 7 Case No. 14-30327-HJB Jointly Administered
More informationSTANDARD SUBLEASE AGREEMENT
STANDARD SUBLEASE AGREEMENT 1. Parties. This Sublease, dated, for reference purposes only, 20 is made by and between (herein called Sublessor ) and (herein called Sublessee ). 2. Premises. Sublessor hereby
More informationCase 13-33763 Document 16 Filed in TXSB on 06/20/13 Page 1 of 5
Case 13-33763 Document 16 Filed in TXSB on 06/20/13 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In Re: Chapter 11 TMT USA SHIPMANAGEMENT LLC, et
More informationVERSION 6.23.15 QUANTUM FINANCIAL ADVISORS
VERSION 6.23.15 Q F A NON- D I S C R E T I O N A R Y I A A G R E E M E N T ( D C ) QUANTUM FINANCIAL ADVISORS N O N D I S C R E T I O N A R Y I N V E S T M E N T A D V I S O R Y A G R E E M E N T THIS
More information: Chapter 15 NOTICE OF FILING REVISED RECOGNITION ORDER. PLEASE TAKE NOTICE that on September 22, 2010 (the Petition Date ),
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------- x In re Chapter 15 Petition of David McGuigan, as foreign representative of Case
More informationBankruptcy Basics June 9, 2009
Bankruptcy Basics June 9, 2009 Brooks Hamilton Haynes and Boone, LLP www.haynesboone.com Purposes of bankruptcy Mechanism to allow person or company that cannot pay creditors to resolve debts through division
More informationGUARANTY OF PERFORMANCE AND COMPLETION
GUARANTY OF PERFORMANCE AND COMPLETION This GUARANTY OF PERFORMANCE AND COMPLETION ( Guaranty ) is made as of December 18, 2007, by FLUOR CORPORATION, a Delaware corporation (the Guarantor ), to CAPITAL
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. [# AMENDED (if applicable)] CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION Debtor(s) Case No: [# AMENDED (if applicable)] CHAPTER 13 PLAN CHECK ONE: Debtor 1 certifies that the Plan does not deviate from the model
More informationPRIME BROKERAGE CLEARANCE SERVICES AGREEMENT SIA FORM 151
Legent Clearing Account Number PRIME BROKERAGE CLEARANCE SERVICES AGREEMENT SIA FORM 151 1 LC12 07/05 Customer Agreement for Prime Brokerage Clearance Services: Customer Name: Account Number: This Agreement
More informationCase 16-10121-BLS Doc 2 Filed 01/18/16 Page 1 of 10 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 16-10121-BLS Doc 2 Filed 01/18/16 Page 1 of 10 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 15 ) Eastern Continental Mining and ) Development Ltd., ) Case No.:
More informationCase 15-33896-KRH Doc 2247 Filed 04/26/16 Entered 04/26/16 17:22:12 Desc Main Document Page 1 of 7
Document Page 1 of 7 JONES DAY North Point 901 Lakeside Avenue Cleveland, Ohio 44114 Telephone: (216) 586-3939 Facsimile: (216) 579-0212 David G. Heiman (admitted pro hac vice) Carl E. Black (admitted
More information