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 Order and the Approval Order shall have become a Final Order. The Approval Order as entered by the Court shall contain no modifications unacceptable to Omega in the exercise of its reasonable discretion, 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 Alterra by the Omega Entities is fair, reasonable and adequate;
(iii) Findings that proceeding with those matters provided for in the Agreement is in the best interest of Alterra and its respective creditors;
(iv) Findings that neither Omega, Omega Kansas nor its or their nominee by termination of the Master Leases as to one or more Facilities shall be deemed to have assumed or agreed to pay any of the debts or obligations of Alterra;
(v) Findings that the transactions proposed under this Agreement are fair and reasonable to Alterra and the value to be received under this Agreement by Alterra for the terms and remedies of this Agreement are fair and reasonable; -10-
(vi) Findings that this Agreement is in the best interests of Alterra and its estates, creditors and holders of equity interests;
(vii) Findings that Alterra and its officers and directors are sophisticated commercial actors, and have been represented by counsel in negotiating this Agreement;
(viii) Findings that all parties entitled to notice under Del. BANKR. L.R. 2002-1(b) have had adequate notice and opportunity to object to this Agreement;
(ix) Findings that Alterra has articulated good and sufficient reasons for approving this Agreement, including without limitation, the forum selection or venue provision governing any Subsequent Bankruptcy Cases;
(x) Findings that the provisions of the Agreement pertaining to the venue of any Subsequent Bankruptcy Case for the Alterra Entities are reasonable and enforceable, and requiring such future cases to be conducted in the Court advances the interests of judicial economy, because the Court has devoted substantial time to the Case and has familiarized itself with the issues unique to Alterra and its industry;
(xi) Findings that bankruptcies of operators of assisted living facilities present extremely complex issues affecting not only the parties before the Court, but also a particularly vulnerable cla...
Approval Orders. The condition set forth in Section 5.6 shall have been satisfied.
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 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.
Approval Orders. 40 ATC............................................................................................................................................... 11
Approval Orders. The Canadian Approval Order and the U.S. Approval Order shall have been entered by the respective courts, and both such Orders shall have become effective and not subject to any stay of enforcement.
