General; Bankruptcy Court Filings Sample Clauses

General; Bankruptcy Court Filings. It is the Parties' intention to consummate the transactions contemplated by this Agreement pursuant to a Bankruptcy Court approved sale of the Acquired Assets under Sections 105, 363 and 1146 and other applicable provisions of the Bankruptcy Code and the assignment and assumption of the Assigned Contracts and Leases under Sections 105, 363 and 365 of the Bankruptcy Code. Within one (1) Business Day after this Agreement is executed, the Seller Parties (other than the Foreign Subsidiaries) shall file a petition for relief under Chapter 11 in the Bankruptcy Court (the "Filing Date"), and within five (5) days following the Filing Date, the Seller Parties (other than the Foreign Subsidiaries) shall file one or more motions (the "Motion") with the Bankruptcy Court:
Sample 1
AutoNDA by SimpleDocs
General; Bankruptcy Court Filings. Each of the Parties shall use its commercially reasonable efforts to take all action and to do all things necessary, proper, or advisable in order to consummate and make effective the transactions contemplated by this Agreement (including satisfaction, but not waiver, of the closing conditions set forth in ss.6 below) consistent with applicable Bankruptcy Law. It is the Parties' intention to consummate the transactions pursuant to a bankruptcy court-approved sale and assumption and assignment of the Assigned Contracts under 11 U.S.C. xx.xx. 105, 363 and 365 in Chapter 11 proceedings filed by the Sellers. Within three (3) business days after this Agreement has been executed by Buyer and Sellers, Sellers shall file a motion or motions ("motion") with the Bankruptcy Court:
Sample 1
General; Bankruptcy Court Filings. It is the Parties’ intention to consummate the transactions contemplated by this Agreement pursuant to a Bankruptcy Court approved sale of the Transferred Assets under Sections 105, 363, and 1146 and other applicable provisions of the Bankruptcy Code and the assignment and assumption of the Assigned Contracts and Leases under Sections 105, 363 and 365 of the Bankruptcy Code. Within five (5) Business Days after this Agreement has been executed by Buyer and Seller, Seller shall file one or more motions (the “Motion”) with the Bankruptcy Court:
Sample 1
General; Bankruptcy Court Filings. It is the Parties' intention to consummate the transactions contemplated by this Agreement pursuant to a Bankruptcy Court approved sale of the Acquired Assets under Sections 105, 363 and 1146 and other applicable provisions of the Bankruptcy Code and the assignment and assumption of the Assigned Contracts and Leases under Sections 105, 363 and 365 of the Bankruptcy Code. Within one (1) Business Day after this Agreement is executed, the Seller Parties (other than the Foreign Subsidiaries) shall file a petition for relief under Chapter 11 in the Bankruptcy Court (the "Filing Date"), and within five (5) days following the Filing Date, the Seller Parties (other than the Foreign Subsidiaries) shall file one or more motions (the "Motion") with the Bankruptcy Court: (i) seeking entry, by no later than twenty (20) days after the Filing Date, of the Bidding Procedures Order (to include approval of the Break-Up Fee and Expense Reimbursement Fee provided for herein and in the Bidding Procedures Order) (the "Outside Bidding Procedures Order Date"); 31 <PAGE> (ii) establishing bidding procedures governing the transactions contemplated by this Agreement and the Bidding Procedures Order (including bulk bidding (the motion(s) referenced in Section 9.7(a)(i) and (ii) shall be collectively referred to as the "Bidding Procedures Motion")); (iii) scheduling a hearing on approval of the sale to be held in no event later than the date that is forty-five (45) days after the date on which the Bidding Procedures Order is entered; (iv) seeking approval of the form, manner and notice to be given of the sale; (v) setting the deadline for filing objections to the sale; (vi) seeking approval of assignment and assumption of the Assigned Contracts and Leases; and (vii) seeking approval of the Sale Order no later than forty-five (45) days after the entry of the Bidding Procedures Order. (b)
Sample 1
General; Bankruptcy Court Filings. It is the Parties’ intention to consummate the transactions contemplated by this Agreement pursuant to a Bankruptcy Court approved sale of the Transferred Assets under Section 363 of the Bankruptcy Code and the assignment and assumption of the Assigned Contracts and the Leases under Sections 105, 363 and 365 of the Bankruptcy Code. As soon as reasonably practicable after the date hereof (but in no event more than three (3) days after the date hereof (or if such third day is not a Business Day, the next Business Day), provided that Buyer has paid the Initial Deposit Amount to the Escrow Agent, Seller shall file one or more motions (the “Motion”) with the Bankruptcy Court seeking entry of (i) the Bidding Procedure Order and (ii) the Sale Order.
Sample 1

Related to General; Bankruptcy Court Filings

  • Bankruptcy Court Matters Promptly, copies of all pleadings, motions, applications, and other documents filed by any Credit Party with the Bankruptcy Court or distributed by any Credit Party to the office of the United States Trustee or to any official committee of creditors or interest holders.

  • Bankruptcy Court Approval (a) Sellers shall use all commercially reasonable efforts to obtain Bankruptcy Court approval of the Sale Order which, among other things, will contain findings of fact and conclusions of law (i) finding that this Agreement was proposed by the parties in good faith and represents the highest and best offer for the Purchased Assets; (ii) finding that Purchaser is a good faith purchaser under Section 363(m) of the Bankruptcy Code and that the provisions of Section 363(n) of the Bankruptcy Code have not been violated; (iii) authorizing and directing Sellers to consummate the transaction contemplated by this Agreement and sell only the Purchased Assets to Purchaser pursuant to this Agreement and Sections 363 and 365 of the Bankruptcy Code, free and clear of all Encumbrances (including any and all “interests” in the Purchased Assets within the meaning of Section 363(f) of the Bankruptcy Code), other than the Assumed Liabilities and the Permitted Encumbrances, such that Purchaser shall not incur any liability as a successor to the Business; (iv) authorizing and directing Sellers to execute, deliver, perform under, consummate and implement, this Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the foregoing; (v) finding that Purchaser is not a successor in interest to Sellers or otherwise liable for any Retained Liability, (vi) finding that Purchaser’s acquisition of the Purchased Assets and assumption of the Assumed Liabilities does not reflect a significant continuity of the business of Sellers and permanently enjoins each and every holder of a Retained Liability from commencing, continuing or otherwise pursuing or enforcing any remedy, claim or cause of action against Purchaser relative to such Retained Liability; (vii) finding that the sale of the Purchased Assets does not constitute a sub xxxx plan of reorganization; and (viii) directing Sellers, at the direction of the Purchaser, to immediately consummate the sale of the Purchased Assets without awaiting the expiration of any applicable time period for appealing the Sale Order.

  • Bankruptcy Court Order The Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, is in full force and effect, and has not been reversed, stayed, modified or amended absent the consent of the Agent and the Borrower.

  • Court Approval This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.

  • Bankruptcy Filings The Owner Participant agrees that it will not file a petition, or join in the filing of a petition, seeking reorganization, arrangement, adjustment or composition of, or in respect of, the Owner Lessor under the Bankruptcy Code, or any other applicable federal or state law or the law of the District of Columbia.

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final Order.

  • Interim Order The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:

  • No Court Order There is no order by any court providing for the revocation, alteration, limitation or other impairment of the Statute, the Financing Order, the Securitization Property or the Securitization Charges or any rights arising under any of them or that seeks to enjoin the performance of any obligations under the Financing Order.

Time is Money Join Law Insider Premium to draft better contracts faster.