SITE HISTORY - Laserfiche WebLink

Home Browse Search

1.9 "Bankruptcy Code" means the Bankruptcy Reform Act of 1978,as codified in title 11 of the United States Code. I 1 U.S.C. §§ 101-1330,as now in effect or hereafter amended. 1.10 "Bankruptcy Court" means the United States Bankruptcy Court for the District of Delaware or any other court with jurisdiction over the Chapter 11 Case. 1.11 "Bankruptcy Rules" means,collectively,the Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms,as amended,the Federal Rules of Civil Procedure,as amended,as applicable to the Chapter 11 Case or proceedings therein,and the Local Rules of the Bankruptcy Court. 1.12 "Bar Date" means any date designated by the Bankruptcy Court as the last date for filing proofs of Claim or Interest in the Chapter 11 Case. 1.13 "Business Day" means any day,excluding Saturdays,Sundays or"legal holidays" (as defined in Fed. R. Banka. P. 9006(x)),on which commercial banks are open for business in New York,New York. 1.14 "Cash" means legal tender of the United States. 1.15 "CBTEV"means Cookie Business Total Enterprise Value, which shall equal the aggregate consideration paid by the acquiror of the Cookie Business(including the amount of any non-working capital liabilities assumed) in the Cookie Business Sale. 1.16 "Chapter 11 Case" means the jointly administered Chapter 11 cases of SFAC and the Subsidiary Debtors. 1.17 "Claim" means a claim,as defined in section 101(5)of the Bankruptcy Code,against a Debtor. 1.18 "Claims Objection Deadline"means the deadline for filing objections to Claims filed on or before,and not amended after,the Bar Date. The Claims Objection Deadline shall be the first Business Date that is at least 120 days after the Effective Date,or any other later date so denominated in the Confirmation Order. 1.19 "Claims Resolution Committee" means the committee established in accordance with Article VI Section C. 1.20 "Class" means one of the classes of Claims or Interests listed in Article III below. 1.21 "Class 5 Average Recovery"means, with respect to a holder of an Allowed Class 5 Claim,that holder's pro rata share of the sum of: (a)the Net Cash Proceeds,(b)either(i) the Specialty Bread Business Net Proceeds, if any,or(ii) if a Specialty Bread Business Transaction has not occurred as of the Effective Date,the Specialty Bread Business Value,(c) the Specialty Bread Business Operating Funds,and(d)the Class 9 Minimum Recovery. 1.22 "Class 5 Subordination Rights" means the subordination rights of the holders of Senior Notes vis-a-vis the holders of the 13-1/446 Subordinated Notes,as set forth in the 13-1/446 Subordinated Notes Indenture. 1.23 "Class 9 Minimum Recovery"means the sum of: (a)5%of any Metz Escrow Recovery,(b) if CBTEV is equal to or greater than 5400.000,000,an additional 5%of any Metz Escrow Recovery,(c) 1.5%of any amount by which CBTEV exceeds$350,000,000 and(d)an additional 3.5%of any amount by which CBTEV exceeds$400,000,000. 1.24 "Class 7 Minimum Recovery" means either(a) if a Specialty Bread Business Transaction occurs on or before the Effective Date,the Specialty Bread Business Net Proceeds,or(b) if a Specialty Bread Business Transaction does not occur on or before the Effective Date,the SFFB Holdings Common Stock. 1.25 "Collateral"means any property or interest in property of a Debtor's Estate that is subject to a Lien to secure the payment or performance of a Claim. PLAN-2