Judge Smith concurred with the Vibram FiveFingers Sprint Camo-Blue Men Shoes opinion, but only insofar as the majority applied the plain-meaning rule. Judge Smith did not join the majority opinion with respect to its attempt to determine that the plain meaning of §1129(b)(2) was not Vibram FiveFingers Sprint Grey-Blue Men Shoes with congressional intent. Thus, the holding of the two-judge majority was simply that, under the plain meaning of § 1129(b)(2)(A), a sale plan denying a secured Vibram FiveFingers Sprint LightseaGreen Men Shoes the right to credit-bid could be confirmed.13 Judge Ambro's Dissent For those secured lenders in jurisdictions outside of the Third Circuit unhappy with the decision in Philadelphia Newspapers, some solace can be found in the well-reasoned, lengthy dissent of Judge Ambro, who disagreed with the Vibram FiveFingers Sprint Men Shoes Beige-Grey conclusion that § 1129(b)(2)(A) is unambiguous.
2 This interpretation, while not Vibram FiveFingers Sprint Black - Yellow Men Shoes to the court's ultimate decision, may significantly limit the scope of the lenders' arguments at confirmation. The court's determination that the term "indubitable equivalent of such claim" is purely a Vibram FiveFingers Sprint Black-Black Men Shoes question of valuation seems to preclude any more qualitative arguments from the lenders that, for instance, a sale plan without credit-bidding rights deprives the lenders of the benefit of Vibram FiveFingers Sprint Blue-Grey Men Shoes contractual bargain and therefore Vibram FiveFingers Sprint Blue-White Men Shoes constitute the indubitable equivalent of their claim.
Noting that the term "indubitable Vibram Five Fingers Sprint Lightblue-Grey - women shoes" may be "infrequently employed in popular parlance, [it] was not plucked from the congressional ether,"30 the Third Circuit discussed that Congress frequently employs broad language (like "Vibram Five Fingers Sprint Pink - White - women shoes equivalent") to avoid the necessity of attempting to spell out every contingency that might occur, and use of such broad language does not make a statute ambiguous." Vibram five fingers sprint pink-grey women shoes Third Circuit concluded that finding the term "indubitable equivalent" under §1129(b)(2)(A)(iii) means "the unquestionable value of a lender's secured interest in the Vibram Five Fingers Sprint Pure Black - women shoes."'
28 While this decision made it clear that in the Men's Vibram FiveFingers KSO TrekSport in Yellow and Blue Circuit sale plans prohibiting secured creditors from credit-bidding are confirmable, the court made it equally clear that its limited holding did not address whether the plan proposed by the Vibram Five Fingers Speed in Black/White otherwise satisfied §1129 by providing the lenders with the indubitable equivalent of their claim: "We are simply not in a position at this stage to conclude, as a matter of law, that this Vibram Five Fingers Sprint Black-Yellow - women shoes cannot generate the indubitable equivalent of the lenders' secured interests in the [debtors' assets."29 In what may be one of the more important, but less visible, discussions in the case, the Vibram Five Fingers Sprint Blue-Grey - women shoes evaluated the import of the use of the term "indubitable equivalent" in the cramdown statute.
25 Applying the same reasoning, the Third Men's Vibram FiveFingers KSO Grey-Yellow Shoes determined that Congress included the indubitable equivalent prong in the cramdown provisions to allow debtors to develop other methods of conducting asset sales, so long as the secured creditor's interests could be protected in such sales.26 Having held the plain meaning of §1129(b)(2) to be unambiguous, Men's Vibram FiveFingers KSO Trek Shoes Third Circuit addressed and dismissed the lenders' argument that the court should review legislative history to further evaluate congressional intent in passing the statute.27 The Men's Vibram FiveFingers KSO TrekSport in Grey and Red also disposed of the lenders' arguments that the denial of a lender's right to credit-bid conflicted with congressional intent as expressed through the interplay Men's Vibram FiveFingers KSO TrekSport in Grey and Yellow the §1111(b) election for nonrecourse creditors, the credit-bid rights of secured creditors under §363(k), and §1129.
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