BANKRUPTCY COURT APPROVAL/EFFECTIVENESS Sample Clauses

BANKRUPTCY COURT APPROVAL/EFFECTIVENESS. The Trustee shall file a motion to approve pursuant to Federal Rule of Bankruptcy Procedure 9019 with respect to this Agreement with the California Bankruptcy Court within ten (10) business days after the date of this Agreement. The effectiveness of this Agreement is subject in all respects to approval of the California Bankruptcy Court. This Agreement shall become effective (the "Effective Date") immediately upon the entry of the Order by the California Bankruptcy Court approving the terms of this Agreement and authorizing the Trustee to settle the Bankruptcy Estates' claims against NetBank and Lakeland as contemplated herein (the "Approval Order") and, absent a stay pending appeal with respect to the Approval Order pursuant to Federal Rule of Bankruptcy Procedure 8005, the parties shall perform their obligations under this Agreement notwithstanding the filing of an appeal of the Approval Order.
Sample 1
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BANKRUPTCY COURT APPROVAL/EFFECTIVENESS. Upon execution of this Agreement, the Trustee shall notify the California Bankruptcy Court of the existence of this Agreement and request a continuance of the hearing on the motion to approve the NetBank and Lakeland Settlement to enable the California Bankruptcy Court to consider this Agreement as an alternative to the NetBank and Lakeland Settlement. The Trustee is entering into this Agreement because he has an obligation to seek to obtain the greatest possible benefits for the Bankruptcy Estates. The Trustee believes that the Bankruptcy Court should not consider the NetBank and Lakeland Settlement without also considering whether this Agreement will provide benefits to the Bankruptcy Estates greater than would be provided by the NetBank and Lakeland Settlement. The parties acknowledge that the Bankruptcy Court cannot approve both this Agreement and the NetBank and Lakeland Settlement. If the Bankruptcy Court approves the NetBank and Lakeland Settlement, Royal acknowledges that the Trustee shall have no further obligations under this
Sample 1
BANKRUPTCY COURT APPROVAL/EFFECTIVENESS. Seller shall promptly make a motion on an expedited notice for an order from the Bankruptcy Court to approve this Amendment. This Amendment shall be of no force or effect until it has been approved by order entered by the Bankruptcy Court.
Sample 1

Related to BANKRUPTCY COURT APPROVAL/EFFECTIVENESS

  • Bankruptcy Court Approval (a) Promptly after the date hereof, CTC shall file the Plan of Reorganization with the Bankruptcy Court in the form of Exhibit B hereto (the "POR") seeking, among other things, the entry of an order of the Bankruptcy Court (the "Bankruptcy Court Order") that authorizes the Merger and the related transactions contemplated by this Agreement and confirmation of the POR. The Bankruptcy Court Order and the POR must be in form and substance satisfactory to NCO; provided, however, that CTC may make non-material changes to the POR without the consent of NCO. Notwithstanding the foregoing and without limiting the foregoing materiality standard contained herein, CTC agrees that each of the following changes to the POR (and the Bankruptcy Court Order to the extent the same effectuates a change in the POR) shall be subject to the prior written approval of NCO: (i) any increases in the payments or distributions to be received by unsecured creditors or equity holders; (ii) any changes to any of the release provisions contained in the POR; (iii) the addition of any class of claims or equity interests, deletion of any class of claims or equity interests or the reclassification of an equity interest or claim; (iv) the assumption or rejection of executory contracts; (v) any changes to the conditions to the Effective Date of the POR or any deadlines relating to the entry of any orders, Confirmation Date or Effective Date under the POR; (vi) any change to the POR which would make the same inconsistent with the terms and provisions of this Agreement; (vii) any material change to the treatment or classification of the beneficiaries under the Litigation Trust; (viii) any changes affecting the Services Agreement or the ability to assume any existing servicing agreements and assignment of the same to NCOFS; or (ix) the treatment of the Secured Claim of Sunrock. Items (i) - (ix) above shall in no way be deemed a limitation on the "materiality" provision contained herein and NCO reserves its rights as to any other changes and as to whether the same are material.

  • Court Approval No later than the fifth business day after the Effective Date, Purchaser shall file an action (“Action”) against Company in the Superior Court of the State of California for the County of Los Angeles (the “Court”) for collection of the Claim. Purchaser shall seek to settle the Action on terms acceptable to Purchaser in its sole discretion and, by appropriate motion or other pleading, shall seek approval from the Court of such settlement in accordance with Section 3(a)(10) of the Securities Act of 1933, as amended (the “Securities Act”).

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final 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 joinder and consent of the Agent and the Borrower.

  • 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.

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

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is passed at the Meeting as provided for in the Interim Order and as required by applicable Law, subject to the terms of this Agreement, the Company shall as soon as reasonably practicable thereafter, and in any event within three Business Days thereafter, take all steps necessary or desirable to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to Division 5 of Part 9 of the BCBCA.

  • FCC Approval Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Documents, neither the Administrative Agent nor any Lender will take any action pursuant to this Agreement or any of the other Loan Documents, which would constitute or result in a change in control of the Borrower or any of its Subsidiaries requiring the prior approval of the FCC without first obtaining such prior approval of the FCC. After the occurrence of an Event of Default, the Borrower shall take or cause to be taken any action which the Administrative Agent may reasonably request in order to obtain from the FCC such approval as may be necessary to enable the Administrative Agent to exercise and enjoy the full rights and benefits granted to the Administrative Agent, for the benefit of the Lenders by this Agreement or any of the other Loan Documents, including, at the Borrower’s cost and expense, the use of the Borrower’s best efforts to assist in obtaining such approval for any action or transaction contemplated by this Agreement or any of the other Loan Documents for which such approval is required by Law.

  • Interim Order The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:

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

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