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|Case 20-31840-sgj11 Doc 389 Filed 09/16/20 || ||Entered 09/16/20 16:20:16 || || Page 65 of 111|
officio members and managing members), managers, managed accounts or funds, management companies, fund advisors, advisory board members, partners, agents, financial advisors, attorneys, accountants, investment bankers, investment advisors, consultants, representatives, and other professionals, in each case acting in such capacity at any time on or after the Petition Date, and any Person claiming by or through any of them, including such Related Persons respective heirs, executors, estates, servants, and nominees; provided, however, that no insurer of any Debtor shall constitute a Related Person of any Debtor or Reorganized Debtor.
Release means the release given by the Releasing Parties to the Released Parties as set forth in Article IX.B hereof.
Released Party and, collectively, the Released Parties means each of the following, in each case in their capacity as such: (i) the Debtors; (ii) the Creditors Committee and its current and former members; (iii) the DIP Facility Agent; (iv) the DIP Facility Lenders; (v) the Prepetition First Lien Lenders; (vi) the Prepetition First Lien Agents, (vii) each of the Indenture Trustees; and (viii) the respective Related Persons, and each of their predecessors, successors and assigns, of each of the foregoing Entities.
Releasing Party has the meaning set forth in Article IX.B.2 hereof.
Reorganized Debtor means a Debtor, as reorganized under the Plan, or any successor thereto by merger, consolidation, or otherwise on or after the Effective Date, including any transferee, assignee, or successor of any Reorganized Debtor.
Reorganized Endologix means Endologix, as reorganized under the Plan, or any successor thereto by merger, consolidation, or otherwise on or after the Effective Date, including any transferee, assignee, or successor.
Restructuring Documents means, collectively, the documents and agreements (and the exhibits, schedules, annexes and supplements thereto) necessary to implement, or entered into in connection with, this Plan, which may include, without limitation, the Plan Supplement, the Exhibits, the Plan Schedules, and the New Equity Documents.
Restructuring Transactions has the meaning ascribed thereto in Article IV.A.1 of this Plan.
Retained Professional and collectively, Retained Professionals means any Entity: (a) employed in the Chapter 11 Cases under a Final Order in accordance with section 327 and 1103 of the Bankruptcy Code and to be compensated for services rendered prior to the Effective Date, under sections 327, 328, 329, 330, or 331 of the Bankruptcy Code (other than an ordinary course professional retained under an order of the Bankruptcy Court); or (b) for which compensation and reimbursement has been allowed by the Bankruptcy Court under section 503(b)(4) of the Bankruptcy Code.
Scheduled means with respect to any Claim, the status and amount, if any, of such Claim as set forth in the Schedules.