Court documents. Deliver to the Agent copies of all pleadings, motions and other documents directly related to the Facilities (including, without limitation, any requests for relief under sections 363 or 365 or to approve any compromise and settlement, in excess of $250,000, of claims), any Reorganization Plan or any disclosure statement related thereto, or any request for relief under section 1113 or 1114 of the Bankruptcy Code by the earlier of (i) two Business Days prior to being filed (and if impracticable, then promptly after being filed) on behalf of any of the Debtors with the Bankruptcy Court or (ii) at the same time as such documents are provided by any of the Debtors to any statutory committee appointed in the Cases or the United States Trustee for the Southern District of New York, it being agreed that the Borrower shall be deemed in compliance with this covenant if it uses good faith efforts to comply.
Court documents. (a) In relation to each Court application made in relation to the Scheme, including any appeal, Xxxxxxx must provide the Bidder with drafts of all documents required to be provided by Pushpay to the Court (including the originating applications, affidavits, memoranda, submissions and draft Court orders) a reasonable time before they are due to be submitted to the Court (and, in any event, not less than 72 hours before submission unless it is impractical in the circumstances) and must consider in good faith the reasonable comments of the Bidder on those documents. Notwithstanding the previous sentence, unless required by law, Xxxxxxx is not required to provide to the Bidder any document, or any part of a document, that relates to a Competing Proposal or to any claim under, or disagreement or dispute between the parties in respect of this Agreement or the Transaction. Nothing in this clause 7.1(a) restricts Pushpay’s right to make any claim under or in respect of this Agreement or the Transaction in accordance with the terms of this Agreement.
(b) Pushpay must not provide the Court with any Court orders (whether in draft or not) or applications for Court orders, or consent to any changes to any Court orders, without the Bidder having approved (acting reasonably) such documents being submitted to the Court or such changes being consented to.
(c) The Bidder’s counsel will only prepare and make submissions to the Court if required by the Court or requested by Xxxxxxx. Any such submissions must support Xxxxxxx’s application for orders. The Bidder must provide Pushpay with drafts of all documents to be provided by the Bidder to the Court a reasonable time before they are due to be submitted to the Court (and, in any event, not less than 72 hours before submission unless it is impractical in the circumstances) and must consider in good faith the reasonable comments of Pushpay on those documents. Notwithstanding the previous sentence, unless required by law, the Bidder is not required to provide to Pushpay any document, or any part of a document, that relates to any claim under, or disagreement or dispute between the parties in respect of, this Agreement or the Transaction. Nothing in this clause 7.1(c) restricts the Bidder’s right to make any claim under or in respect of this Agreement or the Transaction in accordance with the terms of this Agreement.
(d) The Bidder must not, in any event or at any time, oppose the granting of Initial Orders, the New Orders or Fin...
Court documents prepare the Court Documents, provide drafts of those documents to Bidder and consider in good faith any reasonable comments promptly provided by or on behalf of Bidder;
Court documents promptly prepare all documents necessary for the Court proceedings (including any appeals) relating to the Scheme (including originating process, affidavits, submissions and draft minutes of Court orders) in accordance with all applicable laws, and provide APA with drafts of those documents for review and (acting reasonably and in good faith) take into account, for the purpose of amending those drafts, any comments from APA and its Representatives on those drafts;
Court documents. (a) In relation to each Court application made in relation to the Scheme, including any appeal, Arvida must provide Xxxxxxxxx successive drafts of all documents required to be given by Arvida to the Court (including the originating applications, affidavits, memoranda, submissions and draft Court orders) at a reasonable time before they are due to be submitted to the Court (and in any event not less than 72 hours before submission unless it is impractical in the circumstances) and must consider in good faith the reasonable comments of Stonepeak and its Representatives on those documents.
(b) Arvida must not provide the Court with any Court orders (whether in draft or not) or applications for Court orders, or consent to any changes to any Court orders, without Stonepeak having approved in writing such documents being submitted to the Court or such changes being consented to.
Court documents. (a) In relation to each Court application made in relation to the Scheme, including any appeal, Target must give Bidder drafts of all documents required to be given by Target to the Court (including the originating applications, affidavits, memoranda, submissions and draft Court orders) a reasonable time before they are due to be submitted to the Court (and in any event not less than 48 hours before submission unless it is impractical in the circumstances) and must consider in good faith the reasonable comments of Bidder and its Representatives on those documents.
(b) Target must not provide the Court with any Court orders (whether in draft or not) or applications for Court orders, or consent to any changes to any Court orders, without Bidder having approved such documents being submitted to the Court or such changes being consented to.
Court documents. (a) In relation to each Court application made in relation to the Scheme, including any appeal, the Company must give the Acquirer drafts of all documents required to be given by the Company to the Court (including the originating applications, affidavits, memoranda, submissions and draft Court orders) a reasonable time before they are due to be submitted to the Court (and in any event, except in situations of urgency, not less than 72 hours before submission) and must consider in good faith whether to incorporate the reasonable comments of the Acquirer and its Representatives on those documents.
(b) The Company must not provide the Court with any Court orders (whether in draft or not) or applications for Court orders, or consent to any changes to any Court orders, without the Acquirer having approved (acting reasonably) such documents being submitted to the Court or such changes being consented to.
Court documents. (a) In relation to each Court application made in relation to the Scheme, including any appeal, the Company must prepare and provide the Acquirer with successive drafts of all documents required to be given by the Company to the Court (including the originating applications, affidavits, memoranda, submissions and draft Court orders) a reasonable time before they are due to be submitted to the Court (and in any event not less than 72 hours before submission unless it is impractical in the circumstances) and must consider in good faith the reasonable comments of the Acquirer and its Representatives on those documents. Notwithstanding the previous sentence, unless required by law, the Company is not required to provide to the Acquirer any document, or any part of a document, that relates to any claim under, or disagreement or dispute between the parties in respect of, this agreement or the Transaction.
(b) The Company must not provide the Court with any Court orders (whether in draft or not) or applications for Court orders, or consent to any changes to any Court orders, without the Acquirer having approved such documents being submitted to the Court or such changes being consented to (such approval or consent not being unreasonably withheld).
Court documents. (i) prepare the Court Documents;
(ii) where practical to do so, consult with BHP as to the content and presentation of the material documents required for the purposes of the Court Hearings held for the purposes of sections 411(1) and 411(4)(b) of the Corporations Act in relation to the Scheme (including originating processes, material affidavits, submissions and draft minutes of Court orders); and
(iii) provide drafts of those documents to BHP and consider in good faith any reasonable comments promptly provided by or on behalf of BHP prior to filing those documents with the Court;
Court documents. In relation to each Court application made in relation to the Scheme, including any appeal, the Company must give Apax drafts of all documents required to be given by the Company to the Court (including the originating applications, affidavits, memoranda, submissions and draft Court orders) a reasonable time before they are due to be submitted to the Court (and in any event, except in situations of urgency, not less than 72 hours before submission) and must consider in good faith whether to incorporate the reasonable comments of Apax and its Representatives on those documents.
