Common use of Bankruptcy Court Action Clause in Contracts

Bankruptcy Court Action. The Bankruptcy Court shall have entered the Procedure Order in accordance with Section 5.4(a) and all other provisions of this Agreement, the Bankruptcy Court shall have entered the Approval Order in accordance with Section 5.4(b) and all other provisions of this Agreement, the Procedure Order and the Approval Order shall be in a form and substance reasonably satisfactory to the Buyer, and the Approval Order shall be a final order which has not been reversed, modified, rescinded, or stayed as of the Closing Date, and either (i) the time to appeal the Approval Order has expired and the Approval Order is no longer subject to appeal or further judicial review, or (ii) the Approval Order makes an express finding that Buyer is a good faith purchaser entitled to the benefits of Section 363(m) of the Bankruptcy Code, and each party to the Contractual Obligations to be assumed by the Buyer, whose consent is required, shall have consented to the assumption and assignment thereof to the Buyer (or its designee) under this Agreement (or any objection to the assumption and assignment thereof to the Buyer (or its designee) has been overruled and any appeal from the Approval Order relating to such assumption and assignment is expressly limited solely to the issue of the cure amount payable with respect to such Contractual Obligation and is not otherwise an objection to or appeal of the fundamental issue of whether the assumption and assignment thereof may be made to the Buyer (or its designee) under this Agreement).

Bankruptcy Court Action. The Bankruptcy Court shall have entered the Procedure Order in accordance with Section 5.4(a) 9.4.1 below and all other provisions of this Agreement, the Bankruptcy Court shall have entered the Approval Order in accordance with Section 5.4(b) 9.4.2 below and all other provisions of this Agreement, the Procedure Order and the Approval Order shall be in a form and substance reasonably satisfactory to the Buyer, and the Approval Order shall be a final order which has not been reversed, modified, rescinded, or stayed as of the Closing Date, and either (i) the time to appeal the Approval Order has expired and the Approval Order is no longer subject to appeal or further judicial review, or (ii) the Approval Order makes an express finding that Buyer is a good faith purchaser entitled to the benefits of Section 363(m) of the Bankruptcy Code, Code and each party to the Contractual Obligations Real Property Lease and Related Agreements and each party to be assumed by the Buyer, whose consent is required, shall Other Leases and Contracts listed in EXHIBIT 3.6 have consented to the assumption and assignment thereof to the Buyer (or its designee) under this Agreement (or any objection to the assumption and assignment thereof to the Buyer (or its designee) has been overruled and any appeal from the Approval Order relating to such assumption and assignment is expressly limited solely to the issue of the cure amount payable with respect to such Contractual Obligation and is not otherwise an objection to or appeal of the fundamental issue of whether the assumption and assignment thereof may be made to the Buyer (or its designee) under this Agreement).

Bankruptcy Court Action. The Bankruptcy Court shall have entered the Procedure Order in accordance with Section 5.4(a5.5(a) and all other provisions of this Agreement, the Bankruptcy Court shall have entered the Approval Order in accordance with Section 5.4(b5.5(b) and all other provisions of this Agreement, the Procedure Order and the Approval Order shall be in a form and substance reasonably satisfactory to the Buyer, and the Approval Order shall be a final order which has not been reversed, modified, rescinded, or stayed as of the Closing Date, and either (i) the time to appeal the Approval Order has expired and the Approval Order is no longer subject to appeal or further judicial review, or (ii) the Approval Order makes an express finding that Buyer is a good faith purchaser entitled to the benefits of Section 363(m) of the Bankruptcy Code, and each party to the Contractual Obligations listed in the exhibit to be assumed by the Buyer, whose consent is required, agreement referenced in Section 6.1(d) of the Disclosure Schedule shall have consented to the assumption and assignment thereof to the Buyer (or its designee) under this Agreement (or any objection to the assumption and assignment thereof to the Buyer (or its designee) has been overruled and any appeal from the Approval Order relating to such assumption and assignment is expressly limited solely to the issue of the cure amount payable with respect to such Contractual Obligation and is not otherwise an objection to or appeal of the fundamental issue of whether the assumption and assignment thereof may be made to the Buyer (or its designee) under this Agreement).