Bankruptcy Conditions Sample Clauses

Bankruptcy Conditions. (a) The 363 Order and 365 Order shall have been entered by the Bankruptcy Court in accordance with this Agreement and otherwise reasonably acceptable to Purchaser. Any motion for rehearing or reconsideration of the 363 Order or 365 Order shall have been denied or withdrawn.
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Bankruptcy Conditions. The 363 Order and 365 Order shall have been entered by the Bankruptcy Court. Any motion for rehearing or reconsideration of the 363 Order or 365 Order shall have been denied or withdrawn. The time allowed for appeals of the 363 Order or 365 Order shall have expired without any appeal having been taken or, if the 363 Order or 365 Order shall have been appealed, no stay shall be in effect.
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Bankruptcy Conditions. Each of the following shall have occurred:
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Bankruptcy Conditions. (A) The Interim Order shall have been entered by the Bankruptcy Court in form and substance satisfactory to the Agent,approving the transactions contemplated hereby and granting a first priority perfected Lien and security interest in the Collateral subject only to the Carve-Out Expenses up to the Carve-Out Amount;
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Bankruptcy Conditions. (i) The Confirmation Order, approving this Agreement and the other Transaction Documents, authorizing Apex and Service Company to enter into and perform their respective obligations hereunder and under the other Transaction Documents, assign their right, title and interest in this Agreement to Reorganized Apex and containing the general releases contemplated hereunder, in form and substance, reasonably satisfactory to Sumitomo, shall have been entered on the Bankruptcy Court’s docket by the Clerk of the Bankruptcy Court and such order shall have become a Final Order and (ii) the conditions precedent to the occurrence of the effective date of the Plan shall have occurred.
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Bankruptcy Conditions. (a) Unless the parties otherwise agree, the Seller shall file or cause to be filed (such filing date shall be referred to as the “Sale Motion Filing Date”) with the Bankruptcy Court a motion (the “Sale Motion”) seeking (i) approval of an order (the “Bidding Procedures Order”) that provides for the conduct of the sale of the Sold Assets in accordance with the bidding procedures that will contain such provisions described more fully on Exhibit 5.16(a)(i) (the “Bidding Procedures”); (ii) to schedule a hearing (the “Sale Hearing”) for the approval of the sale of the Sold Assets pursuant to the terms and conditions of this Agreement and deadlines for filing and service of objections and responses to the relief requested in the Sale Motion; (iii) to approve the form, manner and sufficiency of notice of the Sale Motion and Sale Hearing to be given and published by the Seller; and (iv) entry of an non-appealable order (the “Sale Order”) that: (1) approves the sale of the Sold Assets in accordance with the terms and conditions of this Agreement, (2) authorizes and requires the Seller to sell the Sold Assets pursuant to 11 U.S.C. § 363(b) and pursuant to and in accordance with the terms of this Agreement free and clear of all liens, claims and encumbrances, whether arising pre-petition or post petition, and (3) finds that the Buyer is a good faith purchaser pursuant to 11 U.S.C. § 363(m). The Sale Order shall be in the form attached as Exhibit 5.16(a)(iii), with only such changes as are mutually agreed upon by Buyer and Seller. If this Agreement is filed with the Bankruptcy Court it will be filed without attaching the Exhibits and Schedules.
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Bankruptcy Conditions. Purchaser understands that this Agreement must be submitted to and approved by the Bankruptcy Court as a 363 Sale under applicable provisions of the Bankruptcy Code by Order before settlement actually occurs. Purchaser further understands that approval of this sale can only be obtained upon Notice to Creditors and Parties-in-Interest which will disclose the terms of the offer including price which becomes public knowledge upon filing; and
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Bankruptcy Conditions. (i) The Sale Order, in form and substance reasonably satisfactory to the Purchaser, incorporating the terms of this Agreement, shall be in full force and effect and shall not have been reversed, vacated or stayed and shall not have been amended, supplemented or otherwise modified without the prior written consent of the Purchaser (which consent may be withheld in its sole discretion) (i) authorizing and approving the transactions contemplated by this Agreement, including (X) the sale of the Assets free and clear of all liens, claims and encumbrances pursuant to section 363(f) of the Bankruptcy Code other than any liens, claims or encumbrances permitted by this Agreement, and (Y) the assumption and assignment to the Purchaser pursuant to section 365 of the Bankruptcy Code all of the Contracts, (ii) finding that the Purchaser is entitled to the protections afforded under section 363(m) of the Bankruptcy Code and granting such protection to the fullest extent under section 363(m) of the Bankruptcy Code, and (iii) enjoining all persons from asserting any claims which they have, or may have, against any of the Sellers, against the Purchaser (other than any such claims expressly assumed by the Purchaser) based upon successor liability or any other legal theories; and
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Related to Bankruptcy Conditions

  • Bankruptcy Court Approval (a) Sellers shall use all commercially reasonable efforts to obtain Bankruptcy Court approval of the Sale Order which, among other things, will contain findings of fact and conclusions of law (i) finding that this Agreement was proposed by the parties in good faith and represents the highest and best offer for the Purchased Assets; (ii) finding that Purchaser is a good faith purchaser under Section 363(m) of the Bankruptcy Code and that the provisions of Section 363(n) of the Bankruptcy Code have not been violated; (iii) authorizing and directing Sellers to consummate the transaction contemplated by this Agreement and sell only the Purchased Assets to Purchaser pursuant to this Agreement and Sections 363 and 365 of the Bankruptcy Code, free and clear of all Encumbrances (including any and all “interests” in the Purchased Assets within the meaning of Section 363(f) of the Bankruptcy Code), other than the Assumed Liabilities and the Permitted Encumbrances, such that Purchaser shall not incur any liability as a successor to the Business; (iv) authorizing and directing Sellers to execute, deliver, perform under, consummate and implement, this Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the foregoing; (v) finding that Purchaser is not a successor in interest to Sellers or otherwise liable for any Retained Liability, (vi) finding that Purchaser’s acquisition of the Purchased Assets and assumption of the Assumed Liabilities does not reflect a significant continuity of the business of Sellers and permanently enjoins each and every holder of a Retained Liability from commencing, continuing or otherwise pursuing or enforcing any remedy, claim or cause of action against Purchaser relative to such Retained Liability; (vii) finding that the sale of the Purchased Assets does not constitute a sub xxxx plan of reorganization; and (viii) directing Sellers, at the direction of the Purchaser, to immediately consummate the sale of the Purchased Assets without awaiting the expiration of any applicable time period for appealing the Sale Order.

  • Bankruptcy Court Order The Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, is in full force and effect, and has not been reversed, stayed, modified or amended absent the consent of the Agent and the Borrower.

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

  • Sale Order The Bankruptcy Court shall have entered the Sale Order and the Sale Order shall have become a Final Order.

  • Court Approval This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.

  • Bankruptcy Code Title 11 of the United States Code, as the same may be amended from time to time.

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final Order.

  • Bankruptcy Petition Each of Seller, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit Purchaser, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States.

  • Bankruptcy Court Matters Promptly, copies of all pleadings, motions, applications, and other documents filed by any Credit Party with the Bankruptcy Court or distributed by any Credit Party to the office of the United States Trustee or to any official committee of creditors or interest holders.

  • Bankruptcy Provisions Without limitation of the absolute nature of the assignment of the Rents hereunder, Mortgagor and Mortgagee agree that (a) this Mortgage shall constitute a “security agreement” for purposes of Section 552(b) of the Bankruptcy Code, (b) the security interest created by this Mortgage extends to property of Mortgagor acquired before the commencement of a case in bankruptcy and to all amounts paid as Rents and (c) such security interest shall extend to all Rents acquired by the estate after the commencement of any case in bankruptcy.

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