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 September 7, 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. (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.
(b) LCPI shall diligently move for entry of the Sale Order and use its commercially reasonable efforts, in consultation with Barclays, to resolve any objections thereto or appeal thereof.
Approval by Bankruptcy Court. If sale is pursuant to 11 U.S.C. ---------------------------- (S)363, 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, free and clear of all mortgages, liens, pledges, said security agreements (except for security interests created by Purchaser in favor of the lessors), charges, claims, restrictions and encumbrances of any nature whatsoever pursuant to the applicable provisions of the Bankruptcy Court (the "SALE APPROVAL ORDER"). The Sale Approval Order with respect to the sale shall, among other things, unless specifically waived in writing by Purchaser:
(a) Make a finding that those matters which are the subject of this Agreement are ("CORE") matters over which the Bankruptcy Court has jurisdiction pursuant to 28 U.S.C. (S)(S)1334 and 157;
(b) Make a finding the due and proper notice of the transactions contemplated by this Agreement have been given to creditors, shareholders and other parties-in-interest;
(c) Make a finding that the Purchase Price constitutes fair value for the Assets;
(d) Make a finding that the Assets are being purchased by Purchaser in good faith and that the Purchase Price was not controlled by an agreement among potential bidders and otherwise complies with the requirements of 11 U.S.C. (S)363(m);
(e) Make a finding that "sound business reasons" exist for Bankruptcy Court approval of this Agreement;
(f) Approve the Agreement and provide that the Assets are to be conveyed to Purchaser free and clear of any and all interests in such Assets, including, but not limited to, tax liens, mortgages, liens, security interests, encumbrances, claims (including third-party claims of any nature whatsoever, including, but not limited to, any claim which might otherwise give rise to successor liability), restrictions and limitations;
(g) Direct the Clerk of the Bankruptcy Court to enter the Sale Approval Order on the docket and provide that there is no just reason to delay entry of the Sale Approval Order; and
(h) Specifically overrule objections, if any, to confirmation of the sale; provided, however, that the Sale Approval Order shall not have been stayed, materially modified, withdrawn or reversed as of the Closing.
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. 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. 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. 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.
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 Acquisition Agreement and the Acquisition shall have been approved pursuant to orders entered by the Bankruptcy Court, which orders shall contain a finding that Borrower is a good faith purchaser entitled to the protections and benefits of Section 363(m) of the Bankruptcy Code and shall otherwise be in the form attached as Exhibits G and H to the Acquisition Agreement. Such order shall not have been stayed by the Bankruptcy Court or any other court having jurisdiction to issue any such stay.
