Case. In the event the Company commences a Chapter 11 case prior to the Expiration Date, the company shall file a motion within two (2) business days of the petition date for the Chapter 11 Case to assume this Agreement pursuant to Section 365 of the Bankruptcy Code. In the event an order is not entered by the Bankruptcy Court approving the assumption of this Agreement within thirty (30) days of the petition date, which order does not become a final, non-appealable order within fifteen (15) days thereof, Executive has the right to terminate his employment with the Company with good reason.
Appears in 4 contracts
Samples: Senior Executive Retention Agreement (Aladdin Gaming Enterprises Inc), Senior Executive Retention Agreement (Aladdin Gaming Enterprises Inc), Senior Executive Retention Agreement (Aladdin Gaming Holding LLC)
Case. In the event the Company commences a Chapter 11 case prior to the Expiration Date, the company shall file a motion within two (2) business days of the petition date for the Chapter 11 Case to assume this Agreement pursuant to Section 365 of the Bankruptcy Code. In the event an order is not entered by the Bankruptcy Court approving the assumption of this Agreement within thirty (30) days of the petition date, which order does not become a final, non-appealable order within fifteen (15) days thereof, Executive has the right to terminate his her employment with the Company with good reason.
Appears in 2 contracts
Samples: Senior Executive Retention Agreement (Aladdin Gaming Holding LLC), Senior Executive Retention Agreement (Aladdin Gaming Enterprises Inc)