Approval and Vesting Order. On or before the Closing Date, the Court shall have granted the Approval and Vesting Order, and the operation and effect of the Approval and Vesting Order shall not have been stayed, reversed or dismissed at the time of closing and no appeals of such Approval and Vesting Order shall be pending. If the condition set out in Section 4(a) is not satisfied or waived on or before the date that is fifteen (15) days after the Acceptance Date, the Vendor may terminate this Agreement by notice in writing to the Purchaser, in which event the Deposit, together with all interest accrued thereon, shall, subject to Section 2 of this Agreement, be returned to the Purchaser and the Vendor’s and the Purchaser’s obligations under this Agreement shall be null and void and of no further force or effect whatsoever.
Approval and Vesting Order. The Vendor agrees that it will diligently apply to the Court for the Approval and Vesting Order. The Purchaser shall promptly provide to the Vendor all such information and assistance within the Purchaser’s power as the Vendor may reasonably require to obtain the Court’s approval, including without limitation, such information as the Vendor may require to reasonably evaluate the Purchaser’s financial ability to perform its obligations under this Agreement.
Approval and Vesting Order. The Approval and Vesting Order. The Vendor shall be responsible for the cost of obtaining and registering the Approval and Vesting Order.
Approval and Vesting Order. The Court shall have issued the Approval and Vesting Order approving this Agreement and the Transaction on or before May 4, 2018.
Approval and Vesting Order. No later than the later of:
(a) the date that is twenty-one (21) calendar days after the date of the Initial CCAA Order, or
(b) the date that is twenty (20) Business Days after the date of the Initial CCAA Order if, and only if, Seller has complied with its obligations in Section 7.3(a), and, for reasons that are outside of Seller's reasonable control, Seller is unable to achieve the date specified in Section 10.6(a), the Court shall have entered the Approval and Vesting Order and the Approval and Vesting Order shall be in full force and effect and shall not have been stayed or overturned.
Approval and Vesting Order. The Seller shall forthwith upon its appointment by a Court as receiver of the Purchased Assets, apply to the Court for the Approval and Vesting Order and shall diligently take all reasonable steps to obtain the same on or before April 5, 2001.
Approval and Vesting Order. The Approval and Vesting Order shall have been entered in substantially the form of Exhibit G (with such amendments as agreed to by the Purchaser, the Parent and the Sellers, in each case acting reasonably) and such Approval and Vesting Order shall not have been amended or modified in a manner prejudicial to any of the Parties or set aside, vacated or stayed.
Approval and Vesting Order. The Petitioners’ Financial Circumstances
Approval and Vesting Order. As promptly as possible, but in no event later than the date on which the U.S. Sale Motion is granted, Sellers shall cause the Canadian Debtors to file with the Canadian Court one or more motions (the “Approval and Vesting Order Motion”) seeking an order (the “Approval and Vesting Order”) of the Canadian Court approving this Agreement and the transactions contemplated herein, such order to include the following:
(a) the Transactions are approved, and that this Agreement is commercially reasonable and in the best interests of the Canadian Debtors and their stakeholders (it being recognized that such a determination is a finding of fact or conclusions of Law to be made by the Canadian Court as part of the Approval and Vesting Order);
(b) the execution of the Agreement by NNL on behalf of all the Canadian Debtors is authorized and approved, and the Canadian Debtors are authorized and directed to take such additional steps and execute such additional documents as may be necessary or desirable for the completion of the transactions contemplated in this Agreement and for the conveyance of the Canadian Debtors’ right, title and interest in the Acquired Assets to the Buyer;
(c) all of the Canadian Debtors’ right, title and interest in and to the Acquired Assets shall vest absolutely in the Buyer, free and clear of and from any and all Liens (other than Permitted Liens); and
(d) the sale of the Acquired Assets is exempt from the application of the Bulk Sales Act (Ontario).
Approval and Vesting Order. The Vendor covenants that forthwith after the execution of this Agreement it shall apply to the Court for the Approval and Vesting Order and give notice of such motion to the Landlord and to such other persons as may be required by law or designated in writing by the Purchaser as being persons that should be served.
