Common use of Final Hearing Clause in Contracts

Final Hearing. (a) The Final Hearing to consider entry of the Final Order and final approval of the DIP Facility is scheduled for [ ], 2009, at [ : ] a.m. (EST) at the United States Bankruptcy Court for the District of Delaware. If no objections to the relief sought in the Final Hearing are filed and served in accordance with this Interim Order, no Final Hearing may be held, and a separate Final Order may be presented by the Debtors and entered by this Court. (b) On or before October , 2009 the Debtors shall serve, by United States mail, first-class postage prepaid, notice of the entry of this Interim Order and of the Final Hearing (the “Final Hearing Notice”), together with copies of this Interim Order and the Motion, on the Notice Parties and to any other party that has filed a request for notices with this Court prior thereto and to any Committee after the same has been appointed, or Committee counsel, if the same shall have been appointed. The Final Hearing Notice shall state that any party in interest objecting to the entry of the proposed Final Order shall file written objections with the Clerk of the Court no later than October , 2009 at [ : ] pm (EST), which objections shall be served so that the same are received on or before such date by: (a) counsel for the Debtors, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇. ▇▇▇▇▇▇ Drive, Chicago Illinois 60606, facsimile: (▇▇▇)▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇, Esq., and ▇▇▇▇▇▇▇ ▇▇▇▇▇, Esq; (b) local counsel for the Debtors, Young ▇▇▇▇▇▇▇ Stargatt & ▇▇▇▇▇▇, LLP, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ 19801, Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇; (c) counsel for the DIP Agent and the Prepetition Agent, White & Case LLP, Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇; (d) local counsel for the DIP Agent and the Prepetition Agent, Fox Rothschild LLP, Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Citizens Bank Center, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇; (e) counsel to any Committee; (f) the U.S. Trustee; and (g) counsel to the Last Out DIP Lenders, Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Los Angeles, CA 90017 Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇.

Final Hearing. (a) The Final Hearing to consider entry of the Final Order and final approval of the DIP Facility is scheduled for [ ], 2009, at [ : ] a.m. (EST) at the United States Bankruptcy Court for the District of Delaware. If no objections to the relief sought in the Final Hearing are filed and served in accordance with this Interim Order, no Final Hearing may be held, and a separate Final Order may be presented by the Debtors and entered by this Court. (b) On or before October , 2009 the Debtors shall serve, by United States mail, first-class postage prepaid, notice of the entry of this Interim Order and of the Final Hearing (the “Final Hearing Notice”), together with copies of this Interim Order, the proposed Final Order and the DIP Motion, on the Notice Parties parties having been given notice of the Interim Hearing and to any other party that has filed a request for notices with this Court prior thereto and to any Committee committee after the same has been appointed, or Committee committee counsel, if the same shall have been appointed. The Final Hearing Notice shall state that any party in interest objecting to the entry of the proposed Final Order shall file written objections with the Clerk of the Bankruptcy Court no later than October , 2009 at [ : ] pm (EST)2009, which objections shall be served so that the same are received on or before such date by: (a) counsel for the Debtors, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ Sidley Austin LLP, ▇▇▇ ▇. ▇▇▇▇▇▇ Drive, Chicago Illinois 60606, facsimile: (▇▇▇)▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇, Esq., and ▇▇▇▇▇▇▇ ▇▇▇▇▇, Esq; (b) local counsel for the Debtors, Young ▇▇▇▇▇▇▇ Stargatt & ▇▇▇▇▇▇, LLP, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ 19801, Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇; (c) counsel for the DIP Agent and the Prepetition Agent, White & Case LLP, Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇; (d) local counsel for the DIP Agent and the Prepetition Agent, Fox Rothschild LLP, AttnAttention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Citizens Bank Center, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇; (b) counsel for the DIP Agents, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇; (e) counsel to any Committee; (f) the U.S. Trustee; and (g) counsel to the Last Out DIP Lenders, Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇; and ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & Finger, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Los Angeles▇▇▇▇▇▇▇▇▇▇, CA 90017 Attn▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇; (c) counsel for the Pre-Petition Agents, Simpson, Thacher & ▇▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇; (d) counsel to any committee; and (e) the U.S. Trustee; and shall be filed with the Clerk of the United States Bankruptcy Court for the District of Delaware, in each case to allow actual receipt of the foregoing no later than , 2009, at (EST).

Final Hearing. (a) The Final Hearing to consider entry is scheduled for January 10, 2011 at 10:00 a.m. before this Court. The Debtors shall promptly mail copies of this Order (which shall constitute adequate notice of the Final Order and final Hearing, including without limitation, notice that the Debtors will seek approval of the DIP Facility is scheduled for [ ], 2009, at [ : ] a.m. (EST) at the United States Bankruptcy Court for the District of Delaware. If no objections to the relief sought in the Final Hearing are filed and served in accordance with this Interim Order, no Final Hearing may be held, and of a separate Final Order may be presented by waiver of rights under section 506(c) of the Debtors and entered by this Court. (bBankruptcy Code) On or before October , 2009 to the Debtors shall serve, by United States mail, first-class postage prepaid, parties having been given notice of the entry of this Interim Order and of the Final Hearing (the “Final Hearing Notice”)Hearing, together with copies of this Interim Order and the Motion, on the Notice Parties and to any other party that has filed a request for notices with this Court prior thereto and to any Committee committee after the same has been appointed, or Committee counsel, if the same shall have been appointed. The Final Hearing Notice shall state that any Any party in interest objecting to the entry of relief sought at the proposed Final Order Hearing shall serve and file written objections with the Clerk of the Court no later than October , 2009 at [ : ] pm (EST), objections; which objections shall be served so that the same are received on or before such date by: upon (a) counsel ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, (Attention: ▇▇▇▇ ▇▇▇▇▇, Esq. (▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇), ▇▇▇ ▇▇▇▇▇▇▇, Esq. (▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇) and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq. (▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇)), attorneys for the Debtors, ; (b) ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇. ▇▇▇▇▇▇ Drive, Chicago Illinois 60606, facsimile: (▇▇▇)▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇, Esq., and ▇▇▇▇▇▇▇ ▇▇▇▇▇, Esq; (b) local counsel for the Debtors, Young ▇▇▇▇▇▇▇ Stargatt & ▇▇▇▇▇▇, LLP, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ (Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. (▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇)), attorneys for BofA, as Pre-Petition Agent, (c) attorneys for Wilmington Trust Company, as trustee under the Pre-Petition Note Indenture, (d) ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇ 19801, Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇; (c) counsel for the DIP Agent and the Prepetition Agent, White & Case LLP, Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-, (Attention: ▇▇▇▇; ▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Esq. (d▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇) local counsel for the DIP Agent and the Prepetition Agent, Fox Rothschild LLP, Attn: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Citizens Bank Center, ▇▇▇ Esq. (▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇)), attorneys for JPMCB, as Agent and Lead Arranger; and (e) the Office of the United States Trustee for the Southern District of New York, and shall be filed with the Clerk of the United States Bankruptcy Court, Southern District of New York, in each case to allow actual receipt by the foregoing no later than January 4, 2011 at 10:00 a.m., prevailing Eastern time (with any replies filed by January 7, 2011 at 12:00 p.m.). Dated: December 13, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇; (e) counsel to any Committee; (f) the U.S. Trustee; and (g) counsel to the Last Out DIP Lenders, Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇. Drain UNITED STATES BANKRUPTCY JUDGE PLEDGE AGREEMENT (this “Agreement”), Los Angelesdated as of December 14, CA 90017 Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇2010, among THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Maryland corporation, a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (as defined in the Credit Agreement, defined herein) (the “Company”), each subsidiary of the Company listed on Schedule I hereto (each such subsidiary a debtor and debtor-in-possession, individually a “Pledgor” and collectively with the Company, the “Pledgors”) and JPMORGAN CHASE BANK, N.A., a national banking association (“JPMorgan Chase Bank”), as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined in the Security Agreement defined below).

Final Hearing. (a) The Final Hearing to consider entry of the Final Order and final approval of the DIP Facility is scheduled for [ [__], 20092020, at [ : [__]:00 [a.m.] a.m. (ESTCT/ET) before the Honorable [_________], United States Bankruptcy Judge at the United States Bankruptcy Court for the Southern District of DelawareTexas, Houston Division. If no objections to the relief sought in the Final Hearing are filed and served in accordance with this Interim Order, no Final Hearing may be held, and a separate Final Order may be presented by the Debtors and entered by this Court. (b) On or before October [__], 2009 2020, the Debtors shall serve, by United States mail, first-class postage prepaid, notice of the entry of this Interim Order and of the Final Hearing (the “Final Hearing Notice”), together with copies of this Interim Order and the Motion, on on: (a) the Notice Parties and to parties having been given notice of the Interim Hearing; (b) any other party that which has filed prior to such date a request for notices with this Court prior thereto Court; (c) counsel for a Committee (if appointed); (d) the Securities and to any Committee after Exchange Commission; and (e) the same has been appointed, or Committee counsel, if the same shall have been appointedInternal Revenue Service. The Final Hearing Notice shall state that any party in interest objecting to the entry of the proposed Final Order shall file written objections with the Clerk of the Court no later than October on [__] 2020, 2009 at [ : ] pm [__]:00 p.m. (ESTCT/ET), which objections shall be served so that the same are as to be received on or before such date by: (ai) proposed counsel for to the Debtors, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: ▇▇. ▇▇▇▇▇ ▇. Simon and ▇▇▇▇▇▇ Drive, Chicago Illinois 60606, facsimile: ▇▇▇▇▇▇▇▇ (▇▇▇)▇▇▇-.▇▇▇▇▇@▇▇.▇▇▇ and ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇.▇▇▇) and Hunton ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP, Attention: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, EsqSuite 4200, Houston, Texas 77002, Attn: ▇▇▇▇▇▇▇ ▇. (“▇▇▇”) ▇▇▇▇▇▇▇▇ II and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇); (ii) counsel to the Ad Hoc Noteholder Group, and ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq; (b) local counsel for the Debtors▇▇▇ ▇▇▇▇, Young ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Stargatt & and ▇▇▇▇ ▇. ▇▇▇▇▇▇ (▇▇▇▇▇▇, .▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇) and ▇▇▇▇▇▇ ▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, . ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attn: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and ▇▇▇▇ ▇. English (▇▇▇▇▇▇▇▇ 19801, Attn: ▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇); (iii) counsel to the Prepetition ABL Agent and the DIP Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇; (c) counsel for the DIP Agent and the Prepetition Agent, White & Case LLP, Attn: ▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇; (d) local counsel for the DIP Agent and the Prepetition Agent, Fox Rothschild LLP, Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Citizens Bank Center, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇; (e) counsel to any Committee; (f) the U.S. Trustee; and (g) counsel to the Last Out DIP Lenders, Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Los Angeles, CA 90017 Attn▇ (email: ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ and ▇. ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇); and (iv) counsel to the Committee (if appointed).