Entry of Order. The Final Order Entry Date shall not have occurred within 45 days after the Interim Order Entry Date; or
Entry of Order. An order of the Bankruptcy Court approving the sale and any applicable assumption and assignment of the Assumed Contracts shall be entered not later than 30 calendar days after the Motion requesting such sale order has been filed (the "Sale Order"). If the Sale Order is not entered within that period of time, then there shall be a failure of a condition precedent to Purchaser's obligations herein, and Purchaser may terminate this Agreement without further obligation hereunder. The Sale Order shall contain a provision pursuant to Bankruptcy Code Section 363(m) that the reversal or modification thereof on appeal does not affect the validity of such sale to Purchaser and shall further provide that the Bankruptcy Court will retain jurisdiction with respect to disputes between the parties hereto relating to this Agreement.
Entry of Order. The Final Order Entry Date shall not have occurred within 40 days after the Petition Date; or
Entry of Order. At the Settlement Hearing, counsel for the parties shall submit for entry by the Court an agreed proposed Final Order (the "Final Order") in substantially the form annexed hereto as Exhibit E, providing as follows:
(a) Approving the Stipulation, the Settlement and the transactions contemplated thereby as fair, just, reasonable, adequate and in the best interest of the Settlement Class and directing the performance of the acts set forth in, and reserving jurisdiction to supervise the administration and consummation of, this Stipulation and the Settlement;
(b) Determining that the requirements of Rules 23.1 and 23 (e) of the Chancery Court Rules and due process have been satisfied, including inter alia, certification of a Settlement Class and that the class and derivative interests have been adequately represented;
(c) Dismissing the Actions with prejudice on the merits, extinguishing, discharging and releasing any and all Settled Claims as against any and all Released Persons, and permanently barring the parties, including Plaintiff and all members of the Settlement Class, from asserting, commencing, prosecuting or continuing, either directly, individually, representatively, derivatively or in any other capacity any of the Settled Claims as against any and all Released Persons; and
(d) Containing provision for the Final Order to be vacated upon notice to the Court of the nonfulfillment or impossibility of fulfillment of any of the conditions set forth in Article V hereof.
Entry of Order. The Final Bankruptcy Court Order Entry Date shall not have occurred within 35 days after the Interim Bankruptcy Court Order Date; or
Entry of Order. Should any court of competent jurisdiction enter an order, judgment or decree approving a petition filed against Borrower seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, which order, judgment or decree remains unvacated and unstayed for an aggregate of thirty (30) days (whether or not consecutive) from the first date of entry thereof; or should any trustee, receiver or liquidator of Borrower of all or any part of the Property, or of any or all of the Rents, be appointed without the consent or acquiescence of Borrower, which appointment remains unvacated or unstayed for an aggregate of thirty (30) days (whether or not consecutive).
Entry of Order. APPEAL. The Bankruptcy Court shall have entered the Bidding Procedures Order in accordance with SECTION 5.5(c) in the form attached hereto as SCHEDULE 6.1(f), the Sale Approval Order in accordance with SECTION 5.5(d), and any other order in accordance with SECTION 5.5(e) relating to the assignment of the Assumed Contracts, all in form and substance reasonably acceptable to Purchaser, and the Sale Approval Order and any other order in accordance with SECTION 5.5(e) relating to the assignment of the Assumed Contracts, shall not have been stayed, and shall have become a Final Order, unless the finality of the Sale Approval Order is waived by Purchaser in Purchaser's sole discretion. The term "FINAL ORDER" as used in this Agreement shall mean an order, judgment or other decree, the operation or effect of which has not been reversed, stayed, modified or amended and any and all appeal periods with respect to such order, judgment or other decree have expired.
Entry of Order. The Final Order Entry Date shall not have occurred within 55 days after the Petition Date; then, subject to the terms, conditions and provisions of the Final Order, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Administrative Agent, acting at the direction of the Required Lenders, without any action or approval of the Bankruptcy Court, shall after seven days’ written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the 19-22911-rdd Doc 134-1 Filed 07/19/19 Entered 07/19/19 13:46:56 Exhibit A Pg 33 of 66 Lenders or the holder of any Note to enforce its claims against any Borrower: (i) declare the Commitments terminated, whereupon all Commitments of the Lenders shall forthwith terminate immediately without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans and the Notes and all Obligations owing hereunder and thereunder to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind (except to the extent notice is expressly required pursuant to any order of the Bankruptcy Court or any Credit Document), all of which are hereby waived by each Loan Party; and (iii) enforce all of the Liens and security interests created pursuant to the Security Documents. In addition, upon expiration of the seven day notice period referred to above, the automatic stay provided in Section 362 of the Bankruptcy Code shall be deemed automatically vacated without further action or order of the Bankruptcy Court, and the Administrative Agent, acting at the direction of the Required Lenders, shall be entitled to exercise all of its respective rights and remedies under the Credit Documents.
Entry of Order. There is no just reason for delay in the entry of this Final
Entry of Order. On the date of any Credit Extension, the Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, shall have been entered by the Bankruptcy Court, and the Agent shall have received a certified copy of the same and such order shall be in full force and effect and shall not have been reversed, stayed, modified or amended.