Common use of Court documents Clause in Contracts

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 Final Orders without Pushpay’s prior written consent (such consent not to be unreasonably withheld).

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 Final Orders without Pushpay’s prior written consent (such consent not to be unreasonably withheld).

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 Pushpay 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 Final Orders without Pushpay’s prior written consent (such consent not to be unreasonably withheld).

Court documents. (a) In relation to each respect of the Court application applications made in relation to the SchemeScheme during the Exclusivity Period, including any appeal, Xxxxxxx must the Target must, subject to clause 4.2, provide the Bidder with drafts of all documents required to be provided by Pushpay the 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 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 the Target 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 Agreementan Excluded Matter. (b) Pushpay The 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, relating to the approval or implementation of the Transaction (or procedural matters relating to the Transaction) without the Bidder having approved (acting reasonably) such documents being submitted to the Court or such changes being consented to. (c) The Except for a notice of appearance (and any related memorandum of counsel) or in relation to any claim under, or disagreement or dispute between the parties in respect of, this Agreement or the Transaction, the Bidder’s counsel will only prepare and make submissions to the Court if required by the Court or requested by Xxxxxxxthe Target. Any such Bidder submissions to the Court must support Xxxxxxxthe Target’s application for orders, including the Initial Orders and the Final Orders. The Bidder must provide Pushpay the Target 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 the Target on those documents. Notwithstanding the previous sentence, unless required by law, the Bidder is not required to provide to Pushpay the Target 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. . (d) Nothing in this clause 7.1(a) or 7.1(c) restricts the Bidderother party’s right to make any claim under or in respect of this Agreement a Transaction Document or the Transaction in accordance with the terms of this Agreementthe Transaction Documents. (de) The Bidder must not, in any event or at any time, oppose the granting of Initial Orders, the New Orders or Final Orders without Pushpaythe Target’s prior written consent (such consent not to be unreasonably withheld). (f) If requested by the Target, the Bidder will promptly provide an affidavit in support of any originating or interlocutory application made by the Target in connection with the Target’s application: (i) for Initial Orders or Final Orders (as applicable); or (ii) to supplement to any existing Initial Orders or Final Orders, that: (iii) is sworn or affirmed by a director or senior executive of the Bidder; and (iv) confirms relevant information related to the Bidder, including: (A) the Bidder’s shareholding structure; (B) the accuracy and completeness of the Bidder Information in the Scheme Booklet; (C) the Bidder’s ability to fund the payment of the Consideration and to issue the New Bidder Shares in compliance with all applicable laws, waivers and listing rule requirements (including the Relevant Provisions); (D) the entry into of the arrangements with the Sale Agent contemplated by clause 5.2(b); and (E) agreement to be bound by the Final Orders.