Binding Effect of Order. This Order applies to all claims or causes of action settled under the Settlement Agreement and binds all Settlement Class Members, including those who did not properly request exclusion under the Preliminary Approval Order. This Order does not bind persons or entities who submitted timely and valid requests for exclusion.
Binding Effect of Order. This order applies to all claims or causes of action 9 settled under the Settlement Agreement, and binds all Class Members, including those who did 10 not properly request exclusion under paragraph 6 of the Preliminary Approval of Class Settlement
Binding Effect of Order. This order applies to all claims or causes of action settled under the Agreement, and binds all class members, including those who did not properly request exclusion under paragraph 7 of the Preliminary Approval and Provisional Class Certification Order. This order does not bind persons who filed timely and valid requests for exclusion. Attached as Exhibit A is a list of persons who properly requested to be excluded from the Settlement.
Binding Effect of Order. This order applies to all claims or causes of action settled under the Settlement Agreement, and binds all Class Members.
Binding Effect of Order. This Order applies to all claims or causes of 10 action settled under the Agreement, and binds all members of the Settlement Class, 11 including those who did not properly request exclusion. Except for Paragraph 3 12 below, this Order does not bind persons who filed timely and valid Requests for 13 Exclusion. Attached as Exhibit A is a list of persons who properly requested to be 14 excluded from the Settlement.
Binding Effect of Order. This order applies to all claims or causes of action 28 settled under the Settlement Agreement, and binds all Class Members, including those who did SMRH:0000-0000-0000.1 -3- 1 not properly request exclusion under Paragraph 6 of the Preliminary Approval of Class
Binding Effect of Order. Unless otherwise provided herein, the terms and conditions of this Interim Order relating to the liens and priorities granted to the Lender during the period covered by this Interim Order shall be binding upon the Debtor, its creditors, Federated Sports, all other parties-in-interest and all successors-in-interest thereof including, without limitation, any Chapter 11 trustee that may be appointed in the reorganization case or any trustee in a case under Chapter 7 of the Bankruptcy Code into which the reorganization case may be converted. This binding effect is an integral part of the agreement evidenced hereby. Nothing herein shall divest the Lender of the adequate protection granted herein for the period covered by this Interim Order.
Binding Effect of Order. This Order applies to all claims or causes of action settled 24 under the Settlement Agreement, and binds all Settlement Class Members.
Binding Effect of Order. This Order and the Asset Purchase Agreement shall be binding in all respects upon all known and unknown creditors of, and holders of equity security interests in, any Debtor, including any holders of Liens, Claims and Interests, all counterparties to the Assigned Contracts, all successors and assigns of the Purchaser, each of the Debtors and their Affiliates and subsidiaries, the Purchased Assets, and any trustees appointed in the Chapter 11 Cases or upon a conversion to cases under chapter 7 of the Bankruptcy Code and this Order shall not be subject to amendment or modification and the Asset Purchase Agreement shall not be subject to rejection. Subject 14 010-8167-8083/2/AMERICAS 000-0000-0000/2/AMERICAS to the terms and conditions of the Asset Purchase Agreement, the terms of this Order shall apply in the event the Sale under the Asset Purchase Agreement is consummated by and under any chapter 11 plan, and may be incorporated into any confirmation order. Nothing contained in any chapter 11 plan confirmed in the Chapter 11 Cases or the order confirming any such chapter 11 plan shall conflict with or derogate from the provisions of the Asset Purchase Agreement or this Order.
Binding Effect of Order. Except as set forth in this paragraph and subject to entry of the Settlement and Purchase Order in the Celsius Chapter 11 Cases, this Order and the Celsius Settlement shall be binding in all respects upon the Debtors, their estates, all creditors of the Debtors, holders of equity interests in the Debtors, any holders of the liens, claims, and encumbrances in, against, or on all or any portion of the Purchased Assets (whether known or unknown), Xxxxxxx (and all successors and assigns of Celsius, subject to approval by the bankruptcy court of the Celsius Chapter 11 Cases), notwithstanding the dismissal of any of the Debtors’ cases or any subsequent appointment of any trustees, examiners, “responsible persons,” or other fiduciaries in these chapter 11 cases or upon a conversion to case under chapter 7 of the Bankruptcy Code. If any order under section 1112 of the Bankruptcy Code is entered, such order shall provide, or be deemed to provide (in accordance with sections 105 and 349 of the Bankruptcy Code) that this Order, including the rights granted to Celsius hereunder, shall remain effective and, notwithstanding such dismissal, shall remain binding on parties in interest. The Celsius Settlement and Settlement and Purchase Order entered in the Celsius Chapter 11 Cases, this Order, and the Debtors’ obligations therein and herein shall not be altered, impaired, amended, rejected, discharged, or otherwise affected by any chapter 11 plan proposed or confirmed in these bankruptcy cases, any order confirming any chapter 11 plan, or any subsequent order of this Court without consent of the Debtors and Celsius, which shall not be unreasonably withheld; to the extent of any conflict between this Order or the Celsius Settlement and such future plan or order, the terms of this Order and the Celsius Settlement shall control; provided, however, that notwithstanding anything to the contrary herein or in any of the Transaction Documents, the Purchase Price of the Purchased Assets should not be binding upon the parties of these chapter 11 cases for any purpose other than the consummation of the Celsius Settlement, including, but not limited to, any claim arising under section 361 of the Bankruptcy Code.
