Interim Order and Final Order. The Interim Order and the Final Order have each been obtained on terms consistent with this Agreement, and have not been set aside or modified in a manner unacceptable to either the Company or the Purchaser, each acting reasonably, on appeal or otherwise.
Interim Order and Final Order. Each party covenants and agrees that it will, as soon as reasonably practicable, apply to the Court for the Interim Order providing for, among other things, the calling and holding of the Meeting for the purpose of, among other matters, considering and, if deemed advisable, approving the Arrangement and that, if the approval of the Arrangement by Shareholders as set forth in the Interim Order is obtained by PT as soon as practicable thereafter each party will take the necessary steps to submit the Arrangement to the Court and apply for the Final Order in such fashion as the Court may direct. As soon as practicable thereafter, and subject to compliance with any other conditions provided for in Article 4 hereof, PT will file with the Registrar a certified copy of the Final Order in furtherance of giving effect to the Arrangement.
Interim Order and Final Order. Liquid covenants and agrees that it will, as soon as reasonably practicable, apply to the Court pursuant to Section 291 of the BCBCA for the Interim Order providing for, among other things, the calling and holding of the Meetings for the purpose of, among other matters, the Liquid Shareholders and LBIX Shareholders considering and, if deemed advisable, approving the Arrangement and that, if the approval of the Liquid Shareholders and LBIX Shareholders of the Arrangement as set forth in the Interim Order is obtained by Liquid, as soon as practicable thereafter Liquid will take the necessary steps to submit the Arrangement to the Court and apply for the Final Order in such fashion as the Court may direct. As soon as practicable thereafter, and subject to compliance with the other conditions provided in Article 5 hereof, Liquid shall send to the Registrar, in accordance with Section 292 of the BCBCA, the necessary documents to give effect to the Arrangement.
Interim Order and Final Order. The Interim Order and the Final Order shall each have been obtained on terms consistent with this Agreement, and shall not have been set aside or modified in a manner unacceptable to the Parties, acting reasonably, on appeal or otherwise.
Interim Order and Final Order. Rubicon, Paragon and CopperCo (collectively the “Applicants”) covenant and agree that they will, as soon as reasonably practicable, apply to the Court pursuant to section 291 of the BCBCA for the Interim Order. Africo covenants and agrees that it shall support the Applicants at the application for the Interim Order and the Hearing as a respondent. The Interim Order shall provide for, among other things, the calling and holding of the Meetings for the purpose of, among other matters, considering and, if deemed advisable, approving the Arrangement. The Applicants covenant and agree that, if the approval of the Arrangement by the Rubicon and Africo Shareholders as set forth in the Interim Order is obtained by Rubicon and Africo, as soon as practicable thereafter the Applicants will take the necessary steps to submit the Arrangement to the Court and apply for the Final Order in such fashion as the Court may direct.
Interim Order and Final Order. Each party covenants and agrees that it will, as soon as reasonably practicable, apply to the Court pursuant to Section 252 of the Company Act for the Interim Order providing for among other things, the calling and holding of the Meeting for the purpose of, among other manners, considering and, if deemed advisable, approving the Arrangement and that, if the approval of the Corporation Common Shareholders and the approval of the Original Copper Mountain Security holders of the Arrangement as set forth in the Interim Order is obtained by the Corporation and Copper Mountain, respectively, as soon as practicable thereafter each party will take the necessary steps to submit the Arrangement to the Court and apply for the Final Order in such fashion as the Court may direct and the parties hereto may agree. As soon as practicable thereafter, and subject to compliance with any other conditions provided for in Article 4 hereof, the Corporation, New Skyline and Copper Mountain shall file with the Registrar pursuant to subsection 252(3) of the Company Act a certified copy of the Final Order and amendments to their respective memorandums to give effect to the Arrangement.
Interim Order and Final Order. Make or permit to be made any ----------------------------- changes, amendment or modifications, or any application or motion by a Loan Party for any change, amendment or modification to the Interim Order or the Final Order. The parties acknowledge that the foregoing shall not preclude the entry of any order of the Bankruptcy Court approving or authorizing an amendment or modification of this Agreement or the other Loan Documents or the Interim Order or the Final Order permitted by Section 9.01 which order shall be acceptable to the Lenders whose consent is required to approve such amendment or modification under Section 9.01.
Interim Order and Final Order. The parties acknowledge that LITH will apply to and obtain from the Court, pursuant to the Arrangement Provisions, the Interim Order providing for, among other things, the calling and holding of the LITH Meeting for the purpose of considering and, if deemed advisable, approving and adopting the Arrangement Resolution. The parties each covenant and agree that if the approval of the Arrangement by the LITH Shareholders as set out in Section 5.1(b) hereof is obtained, LITH will thereafter (subject to the exercise of any discretionary authority granted to LITH’s directors) take the necessary actions to submit the Arrangement to the Court for approval and apply for the Final Order and, subject to compliance with any of the other conditions provided for in Article 5 hereof and to the rights of termination contained in Article 6 hereof, file the material described in Section
Interim Order and Final Order. The Interim Order and the Final ----------------------------- Order shall each have been obtained in the form and on the terms satisfactory to each of the Company and the Parent Parties, acting reasonably, and shall not have been set aside or modified in a manner unacceptable to such parties on appeal or otherwise.
Interim Order and Final Order. Lincoln and LPT Sub shall, as soon as reasonably practicable, apply to the Court pursuant to Part 9, Division 5 of the BCBCA, and Section 144 of the CBCA in the case of Lincoln, for the Interim Order providing for, among other things, the calling and holding of the Lincoln Meeting for the purpose of considering and, if deemed advisable, approving the Arrangement and for the form of approval by the shareholders of LPT Sub of the Arrangement. If the approval of the Arrangement in accordance with the procedures required under the Interim Order is obtained, thereafter Lincoln and LPT Sub shall take the necessary steps to submit the Arrangement to the Court and apply for the Final Order in such fashion as the Court may direct and, as soon as practicable thereafter, and subject to satisfaction or waiver of any other conditions provided for in Article Five hereof (other than the filing of the Arrangement Filings), Lincoln and LPT Sub shall cause to be made the Arrangement Filings. The parties agree that the Arrangement will be carried out with the intention that all Shares issued under the Arrangement to the United States Shareholders of Lincoln will be issued in reliance on the exemption from the registration requirements of the Securities Act of 1933 (the "1933 Act") provided by Section 3(a)(10) of the 1933 Act (the "Section 3(a)(10) Exemption"). In order to ensure the availability of the Section 3(a)(10) Exemption, the parties agree that the Arrangement will be carried out on the following basis:
(a) the Arrangement will be subject to the approval of the Court;
(b) the Court will be advised as to the intention of the parties to rely on the Section 3(a)(10) Exemption prior to the hearing required to approve the Arrangement;
(c) the Court will be required to satisfy itself as to the fairness of the Arrangement to the Lincoln Shareholders subject to the Arrangement;
(d) the Court will have determined, prior to approving the Arrangement, that the terms and conditions of the exchanges of securities under the Arrangement are fair to the Lincoln Shareholders entitled to Post Consolidation LPT Shares pursuant to the Arrangement;
(e) the order approving the Arrangement that is obtained from the Court will expressly state that the Arrangement is approved by the Court as being fair to the Lincoln Shareholders entitled to Post Consolidation LPT Shares pursuant to the Arrangement;
(f) Lincoln will ensure that each Lincoln Shareholder entitled to Post Consolidation LPT Shar...
