Reorganization Proceedings. Company has delivered to Agent and Banks true, correct and complete copies of the Reorganization Plan and Confirmation Order, together with copies of any modifications thereto or subsequent proceedings with the Bankruptcy Court.
Reorganization Proceedings. 47 4.24 Excluded Subsidiaries; Unrestricted Subsidiaries....................... 47 4.25 [intentionally omitted].............. 47 4.26
Reorganization Proceedings. The Company has deliv- ered to the Obligee true, correct and complete copies of the Reorganization Plan and Confirmation Order, together with cop- ies of any modifications thereto or subsequent proceedings with the Bankruptcy Court. The Company and its Subsidiaries are in all material respects in compliance with the Reorganization Plan and Confirmation Order.
Reorganization Proceedings. (a) On October 30, 2001, the Bankruptcy Court confirmed the Reorganization Plan on the basis of the acceptances of the Reorganization Plan received by the Company pursuant to the Reorganization Solicitation.
(b) The Company has complied and shall comply with the Bankruptcy Code and all other laws, rules, regulations, decrees and orders promulgated thereunder in connection with obtaining confirmation of the Reorganization Plan and all other matters in connection with the Bankruptcy Case. Without limiting the generality of the foregoing, the Company has prepared and filed and shall promptly prepare and file with the Bankruptcy Court all motions, schedules, statements of financial affairs, reports, and all other papers and filings required by the Bankruptcy Code and all other applicable laws, rules, regulations, orders or decrees (the "Bankruptcy Filings"). The Purchaser and its counsel have been given and shall be given a reasonable opportunity to review and comment upon the Bankruptcy Filings prior to the time they are filed with the Bankruptcy Court.
(c) The extent, method, and means of notice of the filing of the Bankruptcy Case and meetings of creditors, hearings, objection dates, bar dates for filing proofs of claims or interests, the hearing on approval of the Reorganization Solicitation and the confirmation of the Bankruptcy Plan, and other significant events in connection with the Bankruptcy Case, given to creditors, parties in interest, and other parties entitled or expected to receive any such notice, have been decided or shall be decided by the Company in consultation with, and subject to the approval of, the Purchaser.
(d) The Company has obtained or shall use its reasonable best efforts to obtain, and shall not take, or omit to take, any action which could reasonably be expected to prevent or impede, or result in the revocation of, (i) the confirmation of the Reorganization Plan, (ii) a full and complete discharge of all debts of the Company (to the fullest extent possible under Section 1141(d) of the Bankruptcy Code), except as otherwise specifically provided in the Reorganization Plan, and (iii) the vesting upon the entry of the Confirmation Order of the property of the Company in the reorganized entity free and clear of all claims and interests of creditors and equity security holders in accordance with the Reorganization Plan. In addition, the Company shall use its reasonable best efforts to obtain an order of the Bankruptcy Court, in form a...
Reorganization Proceedings. The Company shall, and shall cause its subsidiaries to, use commercially reasonable efforts to consummate the Financial Restructuring, including, without limitation:
(a) the preparation and filing of the Plan Disclosure Documents with the SEC as soon as practicable after the date hereof and in no event later than August 10, 1998, and the clearance of the Plan Disclosure Documents by the SEC;
(b) subject to Section 6.4, the preparation and filing of supplements or amendments to the Plan Disclosure Documents with the SEC and the clearance of such supplements or amendments to the Disclosure Statement by the SEC if at any time prior to the Closing Date any fact, event or development should occur or exist that is required under the Securities Act, the Exchange Act or the Bankruptcy Code or the rules and regulations thereunder to be set forth in a supplement or amendment to the Plan Disclosure Documents;
(c) the solicitation and receipt of the acceptances of the requisite holders of claims against the Company pursuant to the Plan Solicitation;
(d) the filing with, and approval of, the Bankruptcy Court of the Plan Disclosure Documents;
(e) the confirmation of the Plan under the Bankruptcy Code using the acceptances of the Plan received by the Company pursuant to the Plan Solicitation; and
(f) the consummation of the transactions provided for in the Plan, including, without limitation, the transactions described in Section 2 of this Agreement.
Reorganization Proceedings. Agent shall have received copies of the Reorganization Plan and Confirmation Order, together with copies of any modifications thereto, in each case, certified by the Secretary of the Company as true, correct and complete as of the Effective Date.
Reorganization Proceedings. 31 SECTION 5.04. Securities Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Reorganization Proceedings. The Company shall, and shall cause its subsidiaries to, use commercially reasonable efforts to consummate the Financial Restructuring, including, without limitation:
(a) the preparation and filing of the Plan Disclosure Documents with the SEC as soon as practicable after the date hereof and the clearance of the Plan Disclosure Documents by the SEC;
(b) subject to Section 6.4, the preparation and filing of supplements or amendments to the Plan Disclosure Documents with the SEC and the clearance of such supplements or amendments to the Disclosure Statement by the SEC if at any time prior to the Closing Date any fact, event or development should occur or exist that is required under the Securities Act, the Exchange Act or the Bankruptcy Code or the rules and regulations thereunder to be set forth in a supplement or amendment to the Plan Disclosure Documents;
(c) the solicitation and receipt of the acceptances of the requisite holders of claims against the Company pursuant to the Plan Solicitation;
(d) the filing with, and approval of, the Bankruptcy Court of the Plan Disclosure Documents;
(e) the confirmation of the Plan under the Bankruptcy Code using the acceptances of the Plan received by the Company pursuant to the Plan Solicitation; and
(f) the consummation of the transactions provided for in the Plan, including, without limitation, the transactions described in Section 2 of this Agreement.
Reorganization Proceedings. Except as set forth on Schedule 3.9, neither the Company nor any Subsidiary Debtor has taken any material action prohibited by the Bankruptcy Code, the Bankruptcy Rules or order of the Bankruptcy Court in connection with any of the Chapter 11 Cases.
Reorganization Proceedings. None of the Sellers or their subsidiaries has taken any action prohibited by the Bankruptcy Code, the Bankruptcy Rules or order of the Bankruptcy Court in connection with the Chapter 11 Case, except as could reasonably be expected to not have a Material Adverse Effect.
