Sale Hearing. The Sale Hearing will be held before the Xxxxxxxxx Xxxxxx X. Drain on March 22, 2007 at 10:00 a.m. (prevailing Eastern time) at the United States Bankruptcy Court for the Southern District of New York, located at Xxx Xxxxxxx Xxxxx, Xxxx 000, Xxx Xxxx, Xxx Xxxx 00000, but may be adjourned or rescheduled without further notice by an announcement of the adjourned date at the Sale Hearing. If Seller does not receive any Qualified Bids (other than the Qualified Bid of the Purchaser), Seller will report the same to the Bankruptcy Court at the Sale Hearing and will proceed with a sale of the Acquired Assets to the Purchaser following entry of the Sale Order. If Seller does receive additional Qualified Bids, then, at the Sale Hearing, Seller shall seek approval of the Successful Bid(s), as well as the second highest or best Qualified Bid(s) (the "Alternate Bid(s)" and such bidder(s), the "Alternate Bidder(s)"). Seller's presentation to the Bankruptcy Court of the Successful Bid(s) and Alternate Bid(s) shall not constitute Seller's acceptance of either or any such bid(s), which acceptance shall only occur upon approval of such bid(s) by the Bankruptcy Court at the Sale Hearing. Following approval of the sale to the Successful Bidder(s), if the Successful Bidder(s) fail(s) to consummate the sale because of: (i) failure of a condition precedent beyond the control of either Seller or the Successful Bidder; or (ii) a breach or failure to perform on the part of such Successful Bidder(s), then the Alternate Bid(s) shall be deemed to be the Successful Bid(s) and Seller shall effectuate a sale to the Alternate Bidder(s) without further order of the Bankruptcy Court.
Sale Hearing. The Sale Hearing will be conducted by the Court on April 17, 2023 at 10:00 a.m. (prevailing Eastern Time) and may be adjourned or rescheduled, in consultation with the Consultation Parties, by an announcement of the adjourned date at the Sale Hearing or by the filing of a hearing agenda. At the Sale Hearing, the Debtors will seek Court approval of the Successful Bid(s) and the Backup Bid(s). Unless the Court orders otherwise, the Sale Hearing will be an evidentiary hearing on matters relating to the Sale and there will be no further bidding at the Sale Hearing. In the event that the Successful Bidder(s) cannot or refuses to consummate the Sale because of the breach or failure on the part of the Successful Bidder(s), the Backup Bidder(s) will be deemed the new Successful Bidder(s) and the Debtors will be authorized, but not required, to close with the Backup Bidder on the Backup Bid without further order of the Court. The Debtors will sell the Assets or Reorganized Equity, as applicable, to the Successful Bidder(s) only upon the approval of its Successful Bid by the Court after the Sale Hearing. The Debtors’ presentation of a particular Qualified Bid to the Court for approval does not constitute the Debtors’ acceptance of the Bid. The Debtors will be deemed to have accepted a bid only when the bid has been approved by the Court at the Sale Hearing. Unless otherwise agreed by the Debtors, the DIP Agent, and the Prepetition Agent, all conditions to closing of the Sale Transaction, other than regulatory approval by the Federal Communications Commission (“FCC”), shall have been satisfied on or before the day that is 15 calendar days after entry of the Sale Order, and FCC approval shall have been received on or before the day that is 90 calendar days after entry of the Sale Order. Parties to the Chapter 11 Cases may file (a) objections to the Sale of Assets or Reorganized Equity, as applicable, to the Successful Bidder(s) and/or a Backup Bidder, as applicable, any of the relief requested in the Bidding Procedures Motion, and entry of the Sale Order (each, a “Sale Objection”), (b) objections to the conduct of the Auction (each, an “Auction Objection”), or (c) objections relating to the identity of the Successful Bidder(s) (other than with respect to executory contracts or unexpired leases) (each, a “Buyer-Related Objection”). All such objections must (a) be in writing and specify the nature of such objection, (b) comply with the Bankruptcy Code, the Bankruptcy Ru...
Sale Hearing. Within three days after execution of this Agreement by all parties, Sellers shall file with the Court a motion to approve this Agreement and the Transactions pursuant to Section 363 and 365 of the Bankruptcy Code, and shall request an immediate hearing relative to entry of the Interim Order. In addition to approving the Buyer Protection Provisions, the Interim Order shall establish a timetable and mechanism for the submission of competing bids by other prospective purchasers of the Acquired Assets.
Sale Hearing. On or before August 12, 2022, at 10:00 a.m. ET, the Bankruptcy Court shall hold the Sale Hearing.
Sale Hearing. The Sale Hearing will be held before the Xxxxxxxxx Xxxxxx X. Bernstein on November 18, 2005, at 10:00 a.m. (New York City time) at the United States Bankruptcy Court for the Southern District of New York, located in New York, New York, but may be adjourned or rescheduled without further notice by an announcement of the adjourned date at the Sale Hearing or as directed by the Bankruptcy Court. At the Sale Hearing, the Debtors shall seek entry of an order, inter alia, authorizing and approving the Sale Transaction (i) if no other Qualified Competing Bid is received, to the Proposed Buyer pursuant to the terms and conditions set forth in the Purchase Agreement or (ii) if a Qualified Bidder other than the Proposed Buyer submits the Successful Bid, to the Successful Bidder. Following the Sale Hearing, in the event that the approved sale is not consummated, the Debtors may seek to consummate a sale with respect to the next highest or best Qualified Bid (the “Second Place Bid”), including the Proposed Buyer, if it is the Second Place Bidder, with such Qualified Bidder (the “Second Place Bidder”), as disclosed at the Sale Hearing. In such event, the Second Place Bidder shall be deemed to be the Successful Bidder. The Debtors shall be authorized to consummate the sale with the Second Place Bidder without further notice or order of the Bankruptcy Court.
Sale Hearing. 32 Section 8.4. Non-Solicitation.........................................................32 ARTICLE X MISCELLANEOUS..............................................................................33
Sale Hearing. 5.2(b) Sale Motion................................................... 5.2(a) Sale Order.................................................... 5.2(a) Sales Procedures.............................................. 5.2(b) Section 338 Election.......................................... 4.7(f) Section 338 Incremental Tax Liability......................... 4.7(g) Securities Act................................................ 3.2(e) Seller........................................................
Sale Hearing. The Sale Hearing to consider the relief requested in the Sale Motion and to consider whether to approve the Final Accepted Offer (the "Sale Hearing") shall be held before the Bankruptcy Court on December 11, 2003 at 2:30 p.m. Central Time, or at such other time as the Bankruptcy Court may determine.
Sale Hearing. Sellers shall have obtained the Procedures Order from the Bankruptcy Court by no later than January 22, 2002 scheduling the Sale Hearing to occur by no later than March 6, 2002 and scheduling the Auction to occur not more than two Business Days before the Sale Hearing.
Sale Hearing. The Bidding Procedures Order shall contemplate the occurrence of a Sale Hearing (as defined therein) on or prior to August 21, 2020.
