Approval of Bankruptcy Court. This Agreement shall not become effective unless and until approved by entry of both the Approval Order and EVO Approval Order by the Bankruptcy Court after such notice to creditors and other parties in interest and a hearing or opportunity for hearing, as deemed appropriate by the Bankruptcy Court. The Debtor promptly shall file in the Bankruptcy Case a motion (the “Settlement Motion”) seeking expedited Bankruptcy Court approval of this Agreement in the month of December, 2012. The Parties shall cooperate in seeking Bankruptcy Court approval of this Agreement and shall use their best efforts to have the Approval Order entered by December 19, 2012, including, without limitation, attending any hearing before the Bankruptcy Court on the Settlement Motion, such that each of the Payments is made by December 31, 2012.
Approval of Bankruptcy Court. This Agreement is subject to the approval of the Bankruptcy Court. The parties agree to use their best efforts to serve secure such approval as soon as practicable.
Approval of Bankruptcy Court. Each of the Parties acknowledges that this Settlement Agreement is contingent upon approval by the Bankruptcy Court of this Settlement and Release Agreement. Within five (5) business days of the execution of this Agreement, Premier will move the Bankruptcy Court to approve this Agreement. In the event the Bankruptcy refuses to approve this Agreement, this Agreement shall be void ab initio, and shall have no force and effect.
Approval of Bankruptcy Court. The Company agrees that immediately following the execution of this Agreement the Company shall cause this Agreement to be submitted to the Bankruptcy Court for approval. In the event this Agreement is not approved by the Bankruptcy Court on or before October 15, 2002, the Executive shall have the option, in his sole discretion, of giving the Company written notice of the termination of this Agreement in which case this Agreement shall immediately become null and void but Executive shall be entitled to retain the payment received for accrued but unused vacation pursuant to paragraph 4(b) of this Agreement. The parties acknowledge that this Agreement is subject to Bankruptcy Court approval as set forth above.
Approval of Bankruptcy Court. The Seller shall have obtained from the Bankruptcy Court a final and non-appealable Sale Order providing for the transfer of the Assets to the Purchaser pursuant to the Letter of Intent, together with such final and non-appealable orders as may be necessary to approve this Agreement and to authorize the Seller to perform all of its obligations to the Purchaser hereunder. Furthermore, no stay pending appeal of the Sale Order or other order of the Bankruptcy Court referred to above shall have been obtained and be outstanding and no determination of any appeal shall have been made with respect to the Sale Order or any order of the Bankruptcy Court relating to this Agreement, that would prevent or hinder the consummation of the transactions contemplated by this Agreement.
Approval of Bankruptcy Court. This Amendment shall be effective immediately, without further action by the parties, when an order approving Nu-kote's agreement hereto has been entered by the United States Bankruptcy Court for the Middle District of Tennessee, Nashville Division, in the matter of In Re: Nu-kote Holding, Inc., Nu-kote
Approval of Bankruptcy Court. Notwithstanding anything herein to the contrary, all of Seller’s obligations under this Agreement are subject to approval of the Bankruptcy Court.
Approval of Bankruptcy Court. This Agreement shall be first executed ---------------------------- by Barrick and Atlas and then submitted by Atlas to the Bankruptcy Court for approval. The Agreement shall become effective upon the Court's issuance of a non-appealable Order approving the Agreement in Case Xx. 00-00000 XXX, Xxxxxx Xxxxxx Bankruptcy Court for the District of Colorado. Closing shall take place within twenty four (24) hours of the Court's Order, provided, however, that the Agreement shall terminate by operation of law if Closing does not occur by March 1, 1999. The costs incurred by Atlas in connection with obtaining this Order shall be borne solely by Atlas. Upon execution and during the pendency of such Court Order, any property holding payments or other payments made by Barrick pursuant to the Leases and Contracts shall reduce the Settlement Payment on a dollar for dollar basis. Barrick has been advised that Atlas is seeking to reduce land holding costs relating to the Leases and Contracts, and Barrick agrees to make a partial payment or no payment upon written instruction by Atlas so long as Atlas provides written evidence that such reduction in payment is acceptable to the lessor or other party to the agreement and that such reduced payment will not result in a termination of the Lease or Contract.
Approval of Bankruptcy Court. The obligations of the Seller and Purchaser to complete the sale of the Assets are contingent upon the approval of this sale, if necessary, from the Bankruptcy Court on or before the Closing Date.
Approval of Bankruptcy Court. The Bankruptcy Court shall have entered the Sale Order.
