Approval Orders. Approval Orders will be sought:
(a) incorporating by reference this Agreement in its entirety.
(b) ordering and declaring that such orders are binding on all Class Members, including Persons Under Disability, unless they opt out or are deemed to have opted out on or before the expiry of the Opt Out Periods.
(c) ordering and declaring that on the expiry of the Opt Out Periods all pending actions of all Class Members, other than the Class Actions, relating to Indian Residential Schools, which have been filed in any court in any Canadian jurisdiction against Canada or the Church Organizations, except for any pending actions in Quebec which have not been voluntarily discontinued by the expiry of the Opt Out Period, will be deemed to be dismissed without costs unless the individual has opted out, or is deemed to have opted out on or before the expiry of the Opt Out Periods.
(d) ordering and declaring that on the expiry of the Opt Out Periods all class members, unless they have opted out or are deemed to have opted out on or before the expiry of the Opt Out Periods, have released each of the defendants and Other Released Church Organizations from any and all actions they have, may have had or in the future may acquire against any of the defendants and Other Released Church Organizations arising in relation to an Indian Residential School or the operation generally of Indian Residential Schools.
(e) ordering and declaring that in the event the number of Eligible CEP Recipients opting out or deemed to have opted out under the Approval Orders exceeds five thousand (5000), this Agreement will be rendered void and the Approval Orders set aside in their entirety subject only to the right of Canada, in its sole discretion, to waive compliance with Section
Approval Orders. The Debtors shall use their commercially reasonable efforts to, (a) obtain the entry of the Backstop Order and (b) cause the Backstop Order to become a Final Order (and request that such Order be effective immediately upon entry by the Bankruptcy Court pursuant to a waiver of Bankruptcy Rules 3020 and 6004(h), as applicable), in each case, as soon as reasonably practicable and in a manner consistent with the RSA and DIP Facility Agreement (including the milestones set forth therein) and this Agreement.
Approval Orders. The Bankruptcy Court shall have entered the Approval Order and the Approval Order shall be in full force and effect, and shall not have been stayed, vacated, modified or supplemented without Purchaser's prior written consent.
Approval Orders. The Company Parties shall use their commercially reasonable efforts to, (a) obtain the entry of the Backstop Order and (b) cause the Backstop Order to become a Final Order (and request that such Order be effective immediately upon entry by the Bankruptcy Court pursuant to a waiver of Bankruptcy Rules 3020 and 6004(h), as applicable), in each case, as soon as reasonably practicable but no later than 90 days after the Petition Date, and in a manner consistent with the RSA and this Agreement.
Approval Orders. The Court shall have entered the Approval Orders and no court of competent jurisdiction shall have entered a Stay of any or all of the Approval Orders pending appeal, or, in the event a Stay of any or all of the Approval Orders shall have been entered, then the Stay shall have been terminated. The Approval Orders as entered by the Court shall contain no modifications unacceptable to Omega, and the Approval Order shall include, without limitation, provisions substantially as follows (or as otherwise agreed in writing by Omega):
(i) Findings determining that notice of the Approval Motion and hearing thereon have been adequate under the circumstances;
(ii) Findings that the consideration provided to the Mariner Entities by Omega is adequate;
(iii) Findings that proceeding with those matters provided for in the Agreement is in the best interest of the Mariner Entities and their respective creditors;
(iv) The occurrence of a Delivery Event in accordance with the terms and conditions of Article 10 of this Agreement and the Escrow Agreement, but not otherwise, will be a legal, valid, and effective transfer of all of the remaining right, title, and interest of PHCM, LC-PHCM and their respective estates in the Facilities, and will vest in Omega or its nominee fee simple title to the Facilities, subject to all liens, encumbrances, covenants and restrictions of record, but free and clear of the Amended Facility Leases.
(v) Upon the delivery of the Escrow Documents by the Escrow Agent to Omega or its nominee as to one, more than one, or all of the Facilities (a "Delivery"), New PHCM shall be entitled to a credit against the amount owed by it under the Amended Omega Loan Documents in an amount equal to the fair market value of the Facility or Facilities covered by the delivered Escrow Documents. A Delivery shall be in satisfaction of PHCM's obligations under the Amended Omega Loan Documents only to the extent of the fair market value of the Facilities covered by the delivered Escrow Documents: and following a Delivery, the Amended Omega Loan Documents shall continue in full force and effect and Omega shall have the right to pursue collection of the remaining balance owing to it and the enforcement of any other rights and remedies which Omega may have thereunder. In particular, and not in limitation of the foregoing, Omega's security interest in the accounts and other intangible property relating to the Facilities shall continue in full force and effect, to the extent t...
Approval Orders. The Interim Order and the Guarantee Orders, in form and substance satisfactory to the Lenders, shall be in effect and provide that no Avoidance Action may be commenced by any person after the later of (i) 60 days following the Petition Date or (ii) the date on which the United States Trustee forms the official committee of unsecured creditors.
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Approval Orders. The Debtors shall use their commercially reasonable efforts to (a) obtain the entry of the BCA Approval Order, the Plan Solicitation Order, and the DIP Order and (b) cause the BCA Approval Order, the Plan Solicitation Order, and the DIP Order to become Final Orders (and request that such Orders be effective immediately upon entry by the Bankruptcy Court pursuant to a waiver of Bankruptcy Rules 3020 and 6004(h), as applicable), in each case, as soon as reasonably practicable, and in a manner consistent with the PSA. The Debtors shall provide to each of the Initial Commitment Parties and their counsel copies of the proposed motions seeking entry of the BCA Approval Order, the Plan Solicitation Order, and the DIP Order (together with the proposed BCA Approval Order, Plan Solicitation Order, and any DIP Order) and a reasonable opportunity to review and comment on such motions and Orders prior to such motions and Orders being filed with the Bankruptcy Court, and such motions and Orders shall be in form and substance reasonably satisfactory to the Requisite Commitment Parties and the Debtors. Any amendments, modifications, changes or supplements to the BCA Approval Order, the Plan Solicitation Order, and any DIP Order shall be in form and substance reasonably satisfactory to the Requisite Commitment Parties and the Debtors.
Approval Orders. The Approval Orders shall be in form and substance reasonably acceptable to the Parties and shall be binding upon, and enforceable against, all parties in interest in the Bankruptcy Cases including all official and unofficial committees appointed in such cases. The Louisiana Approval Order shall contain a provision which enjoins the filing in the Perryville Bankruptcy Cases of any plan which treats, or purports to treat, the Allowed Sub Debt Claim in any way inconsistent with the treatment of such claim as provided in Article 5 hereof. The Texas Approval Order shall contain a provision which enjoins the filing in the Mirant Bankruptcy Cases of any plan which treats, or purports to treat, the Allowed PEP Claims in any way inconsistent with the treatment of such claims as provided in Article 3 hereof.
Approval Orders. The Debtors shall use their commercially reasonable efforts to (a) obtain the entry of the BCA Approval Order and (b) cause the BCA Approval Order to become a Final Order (and request that such Order be effective immediately upon entry by the Bankruptcy Court pursuant to a waiver of Bankruptcy Rules 3020 and 6004(h), as applicable), in each case, as soon as reasonably practicable. The Debtors shall provide to each of the Financing Parties and their counsel copies of the proposed motion(s) seeking entry of the BCA Approval Order and a reasonable opportunity to review and comment on such motion(s) and Order prior to such motion(s) and Order being filed with the Bankruptcy Court and such Order shall be in form and substance reasonably acceptable to the Requisite Financing Parties and the Debtors. Any amendments, modifications, changes or supplements to either the BCA Approval Order or the Confirmation Order shall be in form and substance reasonably acceptable to the Requisite Financing Parties and the Debtors.
