Bankruptcy Approval. This lease shall not take effect or be binding on either party until and unless approved by the Bankruptcy Court presiding over the Tenant's bankrupt estate.
Bankruptcy Approval. NutraCea is the debtor and debtor-in-possession in Chapter 11 Case No. 2:09-bk-28817-CGC (the “Bankruptcy Case”), which is pending in the United States Bankruptcy Court for the District of Arizona (the “Bankruptcy Court”). The obligations of the Company, Irgovel and NutraCea hereunder are subject to approval by the Bankruptcy Court in the Bankruptcy Case pursuant to 11 U.S.C. Section 105 and Article XII of the Plan, as reflected in the Order Granting Motion To Approve Sale of Minority Interest in Nutra S.A. and Make Findings and Conclusions that the Sale Satisfies All Applicable Plan Requirements entered by the Bankruptcy Court on December 15, 2010, the effectiveness of which has not been stayed or vacated by any court of competent jurisdiction.
Bankruptcy Approval. (i) No later than three Business Days following the execution of this Agreement, Sellers shall file a motion seeking the issuance and entry by the Bankruptcy Court of the Bidding Procedures Order (the “Bidding Procedures Motion”) and the Sale Order (the “Sale Motion”), including all supporting pages, each in form and substance reasonably satisfactory to Buyers, and shall use their reasonable best efforts to have the Bankruptcy Court issue and enter the Bidding Procedures Order (with only such changes thereto as Buyers shall approve or request) within fifteen days from the filing date of the Bidding Procedures Motion. For the avoidance of doubt, the Sale Motion and the Bidding Procedures Motion may be consolidated into a single motion. Each of Sellers and Buyers agree to take any action reasonably necessary or appropriate to obtain the issuance and entry of the Bidding Procedures Order and the Sale Order, including furnishing affidavits, declarations or other documents or information for filing with the Bankruptcy Court; provided, however, in no event shall Buyer or Sellers be required to agree to any amendment of this Agreement or changes to the Bidding Procedures Order or Sale Order that are materially adverse to such Party.
Bankruptcy Approval. Shareholder has filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware IN RE: ARM FINANCIAL GROUP, INC. Case No. 99-4430 (Judge Xxxxx) (the "Bankruptcy Proceeding"). Shareholder shall seek to have the transactions contemplated hereby approved by the Bankruptcy Court. If for any reason such approval has not been obtained by May 31, 2000, Buyer may terminate this Agreement by delivery of written notice of termination whereupon Buyer shall be entitled to a refund of the Deposit and this Agreement shall become null and void. Buyer acknowledges and agrees that Shareholder is required to and shall seek higher or better offers for the Common Shares until such time as the Section 363/365 Order is entered.
Bankruptcy Approval. The obligations of the parties to fulfill their respective obligations under this Agreement is contingent upon entry of the Bankruptcy Approval Order by the Bankruptcy Court .
Bankruptcy Approval. This Agreement shall be contingent upon judicial approval in the Bankruptcy Proceeding pursuant to Fed. R. Bankr. P. § 9019. Following the full execution of this Agreement, Splash will promptly file a motion in the Bankruptcy Proceeding seeking approval of this Agreement. In the event that Splash is unable to obtain judicial approval of this Agreement in the Bankruptcy Proceeding, Splash will promptly return the settlement funds to ENTtech, described in Section 1.0, Splash will reinstate the DMCA notices withdrawn pursuant to Section 9.0, and none of the other settlement terms of this Agreement will be binding on the parties. The Parties agree that ENTTech will not object to Splash's Chapter 11 plan (or any amendments thereto) that Splash will file in the Bankruptcy Proceeding, provided that the plan (and any amendments thereto) is in conformity with this Agreement. SETTLEMENT AGREEMENT DocuSign Envelope ID: 2CEaFCs4eAA281-2-61916-34B7479--Ba7b30l-A90D8Do2cEE2C0770D-1 Entered 08/06/21 12:25:57 Page 6 of 19
Bankruptcy Approval. Seller agrees to (i) diligently pursue the Bankruptcy Approval, and (ii) as promptly as reasonably practicable (and in any event within five (5) business days of the date of this Agreement), file and serve a Notice of De Minimis Sale for the Contemplated Transactions substantially in the form that had been provided by Seller to Buyer prior to Buyer’s execution of this Agreement. Seller shall provide Buyer with a copy of any applicable filing with the Bankruptcy Court at least three (3) calendar days prior to filing, or in the event that such notice is not reasonably practicable under the circumstances, as promptly as practicable thereunder. Buyer agrees that it will promptly take such actions as are reasonably necessary in its reasonable discretion to assist in obtaining the Bankruptcy Approval, including approval of the assumption and assignment of each of the Xxxxxx Xxxxxx IP Agreements.
Bankruptcy Approval. (a) As promptly as practicable after the date hereof but in no event later than October 7, 2005 Seller will file motions with the Court seeking (i) an order in form satisfactory to Buyer authorizing performance by Seller of its obligations under Sections 9.5, 9.6 and 9.7 of this Agreement, setting the sale hearing date and notice requirements for the motion for the Sale Order, and authorizing sale of the Assets pursuant to Section 363 of the Bankruptcy Code ("Preliminary Order") and (ii) the Sale Order which shall, among other things, compel a change of name of Seller to a name that does not include "Tectonic" or any similar name, provided, however, that Seller may, where necessary, state that it was formerly known as Tectonic. Seller will promptly make any filings, take all actions and use its best efforts to obtain any and all other approvals and orders necessary or appropriate for the consummation of the transactions contemplated hereby. The Sale Order will, among other provisions reasonably required by Buyer, contain a finding that the Buyer is a buyer in good faith within the meaning of Section 363(m) of the Bankruptcy Code, and will grant the parties relief from stay in the performance of all provisions of this Agreement.
Bankruptcy Approval. The Bankruptcy Court shall have entered the Sale Procedures Order and the Sale Order, and any of the following shall have occurred: (i) expiration of the time for an appeal therefrom without such appeal having been taken; (ii) if an appeal is taken, denial of such appeal and the expiration of the time for further appeal therefrom without such further appeal having been taken; (iii) failure of the Sale Procedures Order and the Sale Order to have been stayed as of the Closing Date, although an appeal therefrom has been taken, and determination by RTI, in its sole discretion, to consummate the Closing; or (iv) entry of the Sale Procedures Order and the Sale Order, and a determination by RTI, in its sole discretion, to consummate the Closing notwithstanding the failure to occur of the events or conditions specified in the preceding clauses (i),(ii) or (iii).
Bankruptcy Approval. The Company agrees to as promptly as reasonably practicable request entry of an order, under sections 363, 327, and 328 of chapter 11 of title 11, United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), in form and substance acceptable to Agent and to the Consultation Parties, each in their reasonable discretion, authorizing the Company’s retention of Agent under this Agreement, which the Company agrees to use the Company’s best efforts to obtain (the “Retention Order”). The Company will provide Agent and the Consultation Parties with a draft of the motion seeking such Retention Order and a draft of the proposed Retention Order at least two (2) business days (or otherwise as soon as reasonably practicable) before filing them with the Bankruptcy Court. The Company will use reasonable efforts to ensure that the Retention Order specifically provides that: (i) Agent is being retained pursuant to sections 327 and 328 of the Bankruptcy Code by the Company and the Agreement is authorized pursuant to section 363 of the Bankruptcy Code; (ii) the payment of all fees and reimbursement of expenses hereunder to Agent is approved under section 328 of the Bankruptcy Code and shall be free and clear of all liens, claims, and encumbrances; (iii) all such payments of fees and reimbursement of expenses shall be made without further order of the Bankruptcy Court and in accordance with this Agreement;
