Court Applications Sample Clauses
The 'Court Applications' clause defines the procedures and rights of the parties to seek intervention or decisions from a court regarding matters arising under the agreement. Typically, this clause outlines when and how a party may apply to a court for relief, such as injunctions, enforcement of terms, or resolution of disputes that cannot be settled through negotiation or arbitration. Its core practical function is to provide a clear legal pathway for resolving issues that require judicial oversight, ensuring that parties have recourse to the courts when necessary to protect their interests or enforce the agreement.
Court Applications. The Indemnitor represents and warrants that it will in a timely manner take all necessary steps, including without limitation any and all necessary court applications, to discharge its obligations under this Agreement.
Court Applications. In connection with the Arrangement, Granite REIT and Granite GP shall:
(a) forthwith following the date of this Agreement file, proceed with and prosecute an application for an Interim Order under Section 291 of the BCBCA providing for, among other things, the calling and holding of the Meetings for the purpose of considering and, if thought advisable, approving the Arrangement Resolutions;
(b) subject to the terms of this Agreement and obtaining all necessary approvals as contemplated in the Interim Order and as may be directed by the Court in the Interim Order or otherwise, including approval of the applicable Arrangement Resolutions by the holders of Granite REIT Units and by the holders of Granite GP Shares, as applicable, take steps necessary to submit the Arrangement to the Court and apply for the Final Order on or before June 30, 2024; and
(c) prior to the hearing required to approve the Arrangement, advise the Court that Granite REIT and Granite GP intend to rely on the exemption from registration provided by Section 3(a)(10) of the United States Securities Act of 1933, as amended, with respect to the issuance of the Granite REIT Units pursuant to the Arrangement, based on the Court’s approval of the Arrangement.