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Subordination Agreement Auf Deutsch

Notwithstanding any possible breach of [Argon`s] late breach. . . . Under the [Junior Debt] Agreement, the [Junior Lender] may not, at any time or in any manner, close, hold or attempt to enforce them or to assert in any way any claims it has or may have against [Argon] or any other debtor, unless the obligations entered into with respect to the Senior Lender have been fully and fully performed. Senior Lender argued that the standby clause in the connecting agreement concluded the Junior Lender to request the requested discovery. In particular, the Junior Lender replied that the subordination agreement did not allow him to obtain a discovery: (i) on behalf of the agent and/or the estate; or (ii) about the alleged fraud of senior Lenders, to induce Argon to make the senior debt. In addition, a Chapter 11 plan need not necessarily meet the explicit requirements of a subordinated agreement by providing for the treatment of creditors` claims. See in re Tribune Media Co., 587 B.R.

606, 614 (D. Del. 2018) (with section 510(a) expressly excluded from section 1129(b)(1) of the Bankruptcy Act, a non-consensual Chapter 11 plan that is not fully implemented can be upheld as long as “the plan is not unfairly discriminatory and fair.” In particular, the court ruled that the Junior Lender could not rely on the Discovery provision or the Rule Bankruptcy 2004 to obtain a discovery against the Senior Lender. The subordination contract, the court wrote, prevents the Junior Lender from “asserting claims against the Senior Lender in any way.” .