Approval by Bankruptcy Court. The Administrative Agent shall have received a copy (or such other evidence satisfactory to Administrative Agent) of an order of the Bankruptcy Court, which order (i) as entered, shall be acceptable in form and substance to the Administrative Agent, (ii) shall be entered on or before August 30, 2001, authorizing the Borrowers to execute, deliver and to perform their respective obligations under this Amendment, (iii) shall be in full force and effect, and (iv) shall not have been stayed, reversed, modified or amended in any respect.
Approval by Bankruptcy Court. Entry of the Sale Order by the Bankruptcy Court.
Approval by Bankruptcy Court. Approval of this Agreement by the Bankruptcy Court having jurisdiction over Seller's estate, which Order shall include, INTER ALIA, provisions that (i) the sale, assumption and assignment of the Assets, Assigned Contracts and Assumed Liabilities to Purchaser are free and clear of all liens, security interests, claims and other encumbrances, (ii) Purchaser is a good faith purchaser, (iii) Purchaser shall have an allowed administrative expense claim in Seller's bankruptcy case to the extent Purchaser elects to reimburse any holder or holders of the Assumed Liabilities or any non-debtor party to the Assigned Contracts for any prepetition payments avoided by Seller or its estate. Such Order shall not be subject to any stay of effectiveness.
Approval by Bankruptcy Court. This Agreement and Plan of Merger has been adopted pursuant to the Plan of Reorganization as approved by the Bankruptcy Court in the Order.
Approval by Bankruptcy Court. (a) The Parties acknowledge that the consummation of the transaction contemplated herein is subject to the approval of the Bankruptcy Court and the entry of the Sale Order which shall be in full force and effect as of the Closing Date.
Approval by Bankruptcy Court. (a) The Parties acknowledge that the consummation of the transaction contemplated herein is subject to the entry of an order of the Bankruptcy Court, in form and substance reasonably acceptable to the Parties, approving the terms of this Agreement, which order shall be in full force and effect as of the Closing Time. (b) LCPI shall diligently move for such approval and use its commercially reasonable efforts to resolve any objections thereto or appeal thereof.
Approval by Bankruptcy Court. Prior to the Closing, the Bankruptcy Court shall have entered an order, in a form satisfactory to Swift Leasing's counsel, approving the Asset Purchase Agreement and all transactions contemplated thereunder, including, but not limited to, the sale or lease of the Rolling Stock to Swift Leasing, free and clear of all taxes, mortgages, liens, pledges, successor liability, security interests (except for any ownership interest of any Owner), charges, claims, restrictions and encumbrances of any nature whatsoever.
Approval by Bankruptcy Court. The Administrative Agent shall have received a copy (or such other evidence satisfactory to Administrative Agent) of the Priming Order which (i) as entered, shall be acceptable in form and substance to the Administrative Agent and the Lenders, (ii) authorizes the Borrowers to execute, deliver and to perform their respective obligations under this Amendment and grants the Priming Lien, (iii) shall have been entered upon a motion of the Borrowers satisfactory in form and substance to the Administrative Agent, (iv) shall be in full force and effect, and (v) shall not have been stayed, reversed, modified or amended in any respect.
Approval by Bankruptcy Court. Prior to the Closing, the Bankruptcy Court shall have, in a form satisfactory to Purchaser and its counsel, approved this Agreement and all transactions contemplated hereunder, including, but not limited to, the conveyance of the Assets as well as the Rolling Stock to Purchaser, free and clear of all mortgages, liens, pledges, successor liability, security interests (except for security interest created by Purchaser in favor of the Equipment Lessors), charges, claims, restrictions and encumbrances of any nature whatsoever pursuant to the applicable provisions of the Bankruptcy Code (the "Sale Approval Order"). The Sale Approval Order with respect to the sale shall, among other things, unless specifically waived in writing by Purchaser:
Approval by Bankruptcy Court. As a material inducement to the Lenders to amend the Credit Agreement, the Obligors that are parties hereto hereby agree to obtain and provide the Administrative Agent with a copy (or such other evidence satisfactory to Administrative Agent) of an order of the Bankruptcy Court, which order (i) as entered, shall be acceptable in form and substance to the Administrative Agent, (ii) shall be entered on or before August 22, 2001, authorizing the Borrowers to execute, deliver and to perform their respective obligations under this Amendment, (iii) shall have been entered upon a motion satisfactory in form and substance to the Administrative Agent, (iv) shall be in full force and effect, and (v) shall not have been stayed, reversed, modified or amended in any respect. Is further acknowledged and agreed that the failure to obtain and provide a copy (or such other evidence satisfactory to Administrative Agent) of such an order to the Administrative Agent on or before August 22, 2001, shall constitute an Event of Default under the Credit Agreement.
