Bankruptcy Court Actions Sample Clauses

Bankruptcy Court Actions. The Bankruptcy Court shall not have entered an order (i) appointing a trustee or examiner with expanded powers or (ii) dismissing the Bankruptcy Cases or converting the Bankruptcy Cases to cases under Chapter 7 of the Bankruptcy Code.
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Bankruptcy Court Actions. (a) Carolco shall serve by U.S. mail all notices with respect to the hearing upon which the Bankruptcy Court will enter its order as described in Paragraphs 11.4 and 12.1 to all creditors including, without limitation, parties to executory contracts (even if not so required by the Code) (the "Notice re Order") in form reasonably approved by Canal+, and shall serve all other notices pertaining to the disposition of the Assets in accordance with the provisions of the Code and the rules promulgated thereunder, and shall otherwise comply with the requirements of the Code and such rules. The Notice re Order shall be published in a newspaper of national circulation, such as the Wall Street Journal, National Edition, and a trade journal. Canal+ shall reimburse Carolco for the cost of publication. The Notice re Order shall state that Carolco is seeking an order of the Bankruptcy Court approving and authorizing the sale of the Assets, which shall be the property generally listed by type (unless circumstances warrant listing specific properties), and that Carolco has the legal right and capacity to convey, and all of the right, title, or interest owned or held by Carolco is being conveyed to Canal+ free and clear of all liens, claims, and encumbrances except for the Assumed Obligations and other claims or encumbrances listed on Schedule 8.4(a). With respect to executory contracts being assigned to Canal+, the Notice re Order and a separate notice (the "Notice re Contracts") shall be served by U.S. mail on any non-Carolco party asserting a claim in, or based on, the contract and shall state the amount necessary to cure any default under Section 365 of the Code and shall specify the date by which the creditor or party to the contract must object to the cure amount. If there is a dispute between Carolco and the creditor or other party as to the amount required to cure, the Bankruptcy Court shall make a final and binding determination of the amount. The Notice re Contracts shall state that upon Carolco's tendering of the amount required to cure material defaults, which will occur on or before the Closing, the creditor shall be barred from asserting against Canal+, as assignee, or any affiliate of Canal+, any default or unpaid obligation under such contract allegedly arising or incurred prior to the Closing.
Sample 1
Bankruptcy Court Actions. Purchaser shall have obtained documentation or other evidence reasonably satisfactory to it that the Sale Order has been entered by the Bankruptcy Court no later than November 9, 2012, and has become a Final Order, unless Purchaser, in its sole discretion, waives the requirement that the Sale Order be a Final Order.
Sample 1
Bankruptcy Court Actions. 9.1 Sellers shall seek approval of the sale of the Purchased Assets to Purchaser on the terms and conditions set forth in this Agreement and substantially in the form attached hereto as Exhibit “G” (the “Sale Order”). Seller shall file the Sale Order with the Bankruptcy Court in accordance with the Procedures Order. Any material changes to the form of the Sale Order must be approved by Purchaser and Sellers in their respective sole discretion. In accordance with the Procedures Order, within 24 hours of the filing of the Sale Order, Purchaser shall send by overnight delivery to each non-debtor counterparty to a Purchased Contract (other than Previously Omitted Contracts) the financial and other commercial information to demonstrate adequate assurance of future performance of such Purchased Contracts.
Sample 1
Bankruptcy Court Actions. (a) The Debtor-Seller shall file with the Bankruptcy Court on the date of the commencement of the Chapter 11 Case a motion, together with appropriate supporting papers and notices, seeking the entry of the Overbid Procedures Order, in form and substance satisfactory to Buyer, approving the terms of Section 14 and Sections 11.2 hereof. The Debtor-Seller shall use its best efforts to obtain entry of the Overbid Procedures Order at the first hearing conducted by the Bankruptcy Court in the Chapter 11 Case, subject to the Bankruptcy Court's calendar. Each of the Debtor-Seller and the Buyer acknowledge that the form of Overbid Procedures Order attached as Exhibit 14.1 hereto is in form and substance satisfactory to such party.
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Bankruptcy Court Actions. Promptly following the Effective Date, Seller shall file with the Bankruptcy Court all papers and take all actions reasonably necessary to obtain entry of the Sale Order. Without limiting the foregoing, Sellers shall provide actual notice of the relief sought to be obtained through entry of the Sale Order, in form and substance reasonably acceptable to Purchaser, to (a) Governmental Bodies who have asserted or, in the Seller’s or Purchaser’s reasonable judgment, could assert claims against Seller, and (b) any other Person who has asserted or, in the Seller’s or Purchaser’s reasonable judgment, could assert claims against Seller. EXECUTION VERSION
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Bankruptcy Court Actions. All of the obligations of SHC under this Agreement are subject to the approval of the Bankruptcy Court. Within 30 days following the date of this Agreement, SHC shall file with the Bankruptcy Court (i) a motion seeking entry of the Confirmation Order and (ii) a motion seeking approval of a disclosure statement with respect thereto, approval of procedures to solicit votes on the Plan of Reorganization, and scheduling a hearing on the confirmation of the Plan of Reorganization, which motion shall seek to schedule hearings on disclosure statement approval and Plan of Reorganization confirmation on the shortest time periods permitted by the Bankruptcy Court pursuant to the Federal Rules of Bankruptcy Procedure, Title 11, United States Code and the local rules of the Bankruptcy Coxxx. XXX xxxxx xxxx xxxilable to Gray the form of orders, motions, Plan of Reorganization and disclosuxx xtatement referred to in this Section 7.8 intended to be submitted by SHC and shall afford Gray the reasonable opportunity to comment thereon prior to the filinx xxereof and each of the Plan of Reorganization and disclosure statement shall conform to the Plan Summary.
Sample 1
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Related to Bankruptcy Court Actions

  • 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 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.

  • Court Actions (a) In the event that either Party, after complying with the provisions set forth in Section 8.02, desires to commence an Action, such Party may submit the dispute, controversy or claim (or such series of related disputes, controversies or claims) to any court of competent jurisdiction.

  • 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.

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

  • 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.

  • Proceedings; Orders (a) Except as set forth in Part 3.25 of the Disclosure Schedule, there is no pending Proceeding, and no Person has threatened to commence any Proceeding:

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Bankruptcy Proceedings The commencement of any proceedings by or against Guarantor under any applicable bankruptcy, reorganization, liquidation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, trustee or other similar official is sought to be appointed for it;

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