Preliminary Order Sample Clauses

Preliminary Order. As an initial step towards seeking Final Court Approval, as soon as is practicable after the Signing Date, the Trustee shall commence the Article 77 Proceeding and seek a preliminary order (the “Preliminary Order”) to be entered by the Settlement Court providing for and/or requiring: (i) a form and method of notice of the Settlement and related matters to Investors (in a form and by a method agreed to after consultation with the other Parties), (ii) a deadline for the filing of written objections to the Settlement and responses thereto, (iii) a hearing date at which the Settlement Court would consider whether to enter the Final Order and Judgment, (iv) a direction that all actions subsequently filed that contain claims that would be within the release and waiver provided for in Paragraph 9 should be assigned or transferred to the justice of the Settlement Court before whom the Article 77 Proceeding is pending, and (v) ordering that the Trustee may seek direction from the Settlement Court before taking any action in respect of a Covered Trust that relates to the subject matter of the Article 77 Proceeding. At the same time as the Trustee seeks the Preliminary Order, it shall also file with the Settlement Court a petition stating its support for the Settlement Agreement.
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Preliminary Order. Promptly after the execution of this Agreement, Representative Plaintiffs shall submit this Agreement to the Court and shall present to the Court, following review and approval by Defendants, an unopposed motion for entry of the Preliminary Order, accompanied by a memorandum in support thereof which, among other things, asks the Court to: a. Conditionally certify the Settlement Class and Settlement Sub-Classes. b. Find that the Representative Plaintiffs fairly and adequately represent the interests of the Settlement Class and Settlement Sub-Classes and have claims typical of members of the Settlement Class and Settlement Sub-Classes and provisionally designate them as representatives for the Settlement Class and Settlement Sub-Classes. c. Find that counsel for Representative Plaintiffs fairly and adequately represent the interests of the Settlement Class and Settlement Sub-Classes, and provisionally designate them as Settlement Class Counsel. d. Order that the Agreement is preliminarily approved. e. Schedule a Fairness Hearing on the Agreement. f. Approve the Class Notice that has been agreed upon by the Parties and forms appended thereto. g. Order Defendants to mail, via first class mail, to all Representative Plaintiffs and Settlement Class Members, in accordance with the procedures set forth in paragraph 7.3 of this section, the approved Class Notice and forms appended thereto, as appropriate, within 45 days of the Court entering the Preliminary Order.
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Preliminary Order. Review Pursuant to schedules adopted by the governing PUC or State Law and as requested by OGC. Review Preliminary Order and provide support for Briefs on Exceptions to OGC. 1a-12: Motions Support Pursuant to schedules adopted by the governing PUC and as requested by OGC. Provide support on Motions for Rehearing, as needed, to OGC.
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Preliminary Order. As promptly as practicable after the date ----------------- hereof, Sellers will file with the Bankruptcy Court a motion and supporting papers in form and substance reasonably acceptable to Buyer's counsel seeking the Bankruptcy Court's approval of the terms of Sections 6.8, 10.1 and 10.2 of this Agreement and Sellers' observance and performance of such terms (the "Preliminary Order").
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Preliminary Order. The Company shall use its reasonable best ----------------- efforts to obtain entry of the Preliminary Order by the Bankruptcy Court on or before February 22, 2001, which shall be reasonably satisfactory in all respects to Buyer. Among other provisions, the Preliminary Order shall include: (a) The Buyer's claim to the Termination Payment (as defined and described in Section 10.2) and stating specifically that such Termination Payment shall be entitled to super-priority administrative expense claim treatment, senior to all super-priority claims other than those of lenders under the Sellers' post-petition credit facility, if any; (b) A provision that the Sellers may consider alternative bids to the bid of the Buyer contemplated by this Agreement, provided such bids provide for all-cash consideration; (c) A provision that the minimum initial overbid must be for at least $1 million greater than $167.7 million plus the Termination Payment (the "Initial Overbid"). If the Sellers receive an Initial --------------- Overbid which meets the requirements to be set forth in the Preliminary Order, the Sellers may conduct an auction on such terms and conditions as set forth on Schedule 6.10(c) hereto or as may be ---------------- reasonably acceptable to the Buyer (the "Auction"). The opening bid at ------- the Auction shall not be less than $1 million greater than the highest qualified bid submitted prior to the Auction. On conclusion of the Auction, the Sellers shall determine the highest or otherwise best bid and shall submit such bid for approval by the Bankruptcy Court. If the Sellers do not receive any qualified bids other than that of the Buyer, the Sellers will report the same to the Bankruptcy Court and will proceed with the sale of the Purchased Assets to the Buyer.
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Preliminary Order. Within ten (10) Days after the execution of this Agreement, Counsel will file a joint motion seeking entry of the Preliminary Order. Such joint motion will request at least the following: (a) preliminary approval of this Agreement; (b) certification of the Settlement Class; (c) an order directing issuance of class notice under Mass. R. Civ. P. 23(d); (d) appointment of Class Counsel, the Class Representative, and the Claims Administrator; (e) approval of the Claim Form, Summary Notice, and Long Form Notice; (f) scheduling of a Final Fairness Hearing within one hundred fifty (150) Days of the date that the Court issues the Preliminary Order; and (g) entry of the Final Approval Order and Judgment after the Final Fairness Hearing.
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Preliminary Order of the Purchase Agreement shall ----------------- be deleted in its entirety and replaced with the following:
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Preliminary Order. The Buyer acknowledges that the ----------------- Preliminary Order entered by the Bankruptcy Court on March 5, 2001 is reasonably satisfactory in all respects to Buyer."
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Related to Preliminary Order

  • Preliminary 1. Short title

  • Preliminary Title Report (a) Not later than four (4) business days after the date of this Agreement, Seller, with Buyer's assistance and cooperation as necessary, shall arrange for the Title Company to prepare and deliver to Buyer a preliminary title report (the "Title Report") covering the Real Property dated not earlier than the date of this Agreement, such report showing all matters of record and all items which would be shown as exceptions on a ALTA owner's policy of title insurance, together with a recent ALTA survey of the Real Property certified by a licensed land surveyor and a legible copy of each recorded document underlying any exceptions shown in the Title Report. Subject only to the following permitted exceptions (the "Permitted Exceptions"), Seller shall cause all exceptions to title to the Real Property set forth in such Title Report to be removed prior to the Closing: (1) the standard printed exceptions contained in the Title Company's form of Owner's Policy; (2) building restrictions and zoning regulations heretofore or hereafter adopted by any municipal or other public authority relating to the Property; (3) current property taxes not yet delinquent; (4) the exceptions approved by Buyer in accordance with Section 5.13(b); and (5) any exception to which Buyer, in Buyer's sole discretion, specifically and expressly consents in writing prior to the Closing. Buyer shall pay all fees and costs associated with obtaining the Title Report. (b) Buyer shall have until 5:00 p.m. (Los Angeles time) on the fifth (5th) calendar day following Buyer's receipt of the Title Report to disapprove, in Buyer's sole discretion, any matters set forth in the Title Report; provided, however, that Buyer may not disapprove of the exceptions described in items (1), (2) and (3) of Section 5.13(a). If Buyer timely disapproves of any matters set forth in the Title Report, other than with respect to the exceptions described in items (1), (2) and (3) of Section 5.13(a), Seller shall have three (3) business days to indicate in writing whether Seller will cause such disapproved matters to be removed as exceptions to title prior to or concurrently with the Closing. Seller's failure to timely respond shall be deemed to constitute Seller's irrevocable agreement to remove all such disapproved matters as exceptions to title. If Seller timely indicates that it is unwilling to remove any such disapproved matters as exceptions to title, Buyer may elect to (i) proceed with the transaction contemplated hereby and take title subject to such disapproved matters, or (ii) terminate this Agreement. Buyer's failure to make such election within three (3) business days after being informed of Seller's decision shall be deemed an election of option (i). If Buyer terminates this Agreement pursuant to this Section 5.13(b), the Deposit (and all interest accrued thereon) shall be returned to Buyer, and the parties shall have no further obligations to one another except for any obligations that, by their terms, survive the termination of this Agreement.

  • Project Delivery Order Procedures Status of TIPS Members as Related to This Agreement

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Preliminaries Where prices are submitted by the contractor or nominated/selected sub contractor during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing. Clause 31.9 is amended as follows: Payment shall be subject to the Employer giving the Contractor a Tax Invoice for the amount due. The Employer undertakes to ensure compliance with the administrative requirements of Sections 20 (2) and 21 (4) of the Value Added Tax Act (Act 89 of 1991). The Contractor agrees to the adoption of the self invoicing procedures and undertakes not to issue any tax invoices, debit or credit notes in respect of any transaction included in the Tax Invoices issued by the Employer. The above clauses shall constitute a written agreement between the parties as required in terms of the Value Added Tax Act (Act 89 of 1991).' 30 F: ……….… V: ….……… T: ….……... Item Adjustment to the contract value (Clause 32). 31 F: ……….… V: ….……… T: ….……... Item Recovery of expense and loss (Clause 33). 32 F: ……….… V: ….……… T: ….……... Item Final account and final payment (Clause 34). 33 F: ……….… V: ….……… T: ….……... Item Payment to other parties (Clause 35). 34 F: ……….… V: ….……… T: ….……... Item Section 1 Bill No. 1 Preliminaries R CANCELLATION Cancellation by Employer - Contractor's default (Clause 36). 35 F: ……….… V: ….……… T: ….……... Item Cancellation by Employer - Loss and damage (Clause 37). 36 F: ……….… V: ….……… T: ….……... Item Cancellation by Contractor - Employer's default (Clause 38). 37 F: ……….… V: ….……… T: ….……... Item Cancellation - Cessation of the works (Clause 39). 38 F: ……….… V: ….……… T: ….……... Item DISPUTE Dispute Settlement (Clause 40) 39 F: ……….… V: ….……… T: ….……... Item SUBSTITUTE PROVISIONS State Clauses (Clause 41) 40 F: ……….… V: ….……… T: ….……... Item CONTRACT VARIABLES The Schedule: Pre-Tender information (Clause 42). 41 F: ……….… V: ….……… T: ….……... Item Carried to Collection Section 1 Bill No. 1 Preliminaries

  • Preliminary Approval A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

  • Daily Order Confirmation All Agreement purchase orders will be approved daily by TIPS and sent to vendor. The vendor must confirm receipt of orders to the TIPS Member (customer) within 24 business hours. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, then updated pricing must be posted by 1st of each month.

  • Preliminary Examination 24.1 The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order. 24.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the Supplier does not accept the correction of the errors, its bid will be rejected, and its bid security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail. 24.3 The Purchaser may waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 24.4 Prior to the detailed evaluation, pursuant to ITB Clause 25 the Purchaser will determine the substantial responsiveness of each bid to the bidding documents. For purposes of these Clauses, a substantially responsive bid is one which conforms to all the terms and conditions of the bidding documents without material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security (ITB Clause 15), Applicable Law (GCC Clause 30), and Taxes and Duties (GCC Clause 32), will be deemed to be a material deviation. The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

  • Preliminary Design § 4.3.1 Upon the Owner’s issuance of a written consent to proceed under Section 4.2.3, the Design-Builder shall prepare and submit a Preliminary Design to the Owner. The Preliminary Design shall include a report identifying any deviations from the Owner’s Criteria, and shall include the following: .1 Confirmation of the allocations of program functions; .2 Site plan; .3 Building plans, sections and elevations;

  • Preliminary Plans Tenant shall prepare and submit to Landlord for approval schematics of the Tenant Improvements prepared in conformity with the applicable provisions of this Exhibit F (the “Preliminary Plans”). The Preliminary Plans shall contain sufficient information and detail to accurately describe the proposed design to Landlord and such other information as Landlord may reasonably request. Landlord shall notify Tenant in writing within ten (10) business days after receipt of the Preliminary Plans whether Landlord approves or objects to the Preliminary Plans and of Landlord’s specific objections to the Preliminary Plans (if any). Landlord’s failure to respond within such ten (10) business day period shall be deemed approval by Landlord. If Landlord reasonably objects to the Preliminary Plans, then Tenant shall revise the Preliminary Plans to remedy Landlord’s objections. Tenant shall then resubmit the revised Preliminary Plans to Landlord for approval, such approval not to be unreasonably withheld, conditioned or delayed. Landlord’s approval of or objection to any revised Preliminary Plans and Tenant’s correction of the same shall continue as provided above for the original Preliminary Plans until Landlord has approved the Preliminary Plans in writing. The Preliminary Plans that are approved by Landlord without objection shall be referred to as the “Approved Preliminary Plans.”

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