SALE MOTION, PROCEDURES MOTION AND APPROVAL ORDER Sample Clauses

SALE MOTION, PROCEDURES MOTION AND APPROVAL ORDER. No later than two (2) Business Days after the Execution Date, Debtor shall serve and file a motion and supporting papers (the “Sale Motion”) requesting an order of the Bankruptcy Court, in form and substance acceptable to Purchaser in its reasonable discretion, approving the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby (the “Sale Order”) and a motion and supporting papers (the “Bidding Procedures Motion”) requesting an order of the Bankruptcy Court approving the Agreement, certain procedures related to the Sale Motion and approval of the Break-Up Fee on the terms set forth herein (the “Bidding Procedures Order”), which proposed form of orders and the terms therein shall be in form and substance acceptable to Purchaser in its reasonable discretion. For the avoidance of doubt, the Debtor may seek approval of the Approval Order and the Bidding Procedures Order in a single motion. Debtor agrees that it shall provide such notice of the hearings on the Sale Motion and the Bidding Procedures Motion as determined by the Bankruptcy Court; provided, however, that the notice shall be designed to be provided to all parties affected by the Sale Motion and the Bidding Procedures Motion. Debtor shall use its best efforts to (a) fully support the Sale Motion and any application seeking Bankruptcy Court approval and authorization to pay the fees and expenses under this Agreement, including the Break-Up Fee, as an administrative expense of Debtor’s estate, and (b) obtain entry of the Approval Order as soon as practicable after the Execution Date, in any event no later than two (2) Business Days after the conclusion of the auction for the sale contemplated in this Agreement. Debtor shall use its best efforts to (a) fully support the Bidding Procedures Motion and any application seeking Bankruptcy Court approval and authorization to pay the fees and expenses under this Agreement, including the Break-Up Fee, as an administrative expense of Debtor’s estate, and (b) obtain entry of the Bidding Procedures Order within 7 days of the Execution Date, in any event no later than 14 days of the Execution Date. Thereafter, Debtor shall use its best efforts to cause each of such orders to be issued, entered and become a Final Order. Debtor shall take any and all actions necessary to obtain the issuance and entry of the Bidding Procedures Order and the Approval Order, including furnishing affidavits, declarations or other documents ...
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Related to SALE MOTION, PROCEDURES MOTION AND APPROVAL ORDER

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

  • Bankruptcy Court Approval (a) Promptly after the date hereof, CTC shall file the Plan of Reorganization with the Bankruptcy Court in the form of Exhibit B hereto (the "POR") seeking, among other things, the entry of an order of the Bankruptcy Court (the "Bankruptcy Court Order") that authorizes the Merger and the related transactions contemplated by this Agreement and confirmation of the POR. The Bankruptcy Court Order and the POR must be in form and substance satisfactory to NCO; provided, however, that CTC may make non-material changes to the POR without the consent of NCO. Notwithstanding the foregoing and without limiting the foregoing materiality standard contained herein, CTC agrees that each of the following changes to the POR (and the Bankruptcy Court Order to the extent the same effectuates a change in the POR) shall be subject to the prior written approval of NCO: (i) any increases in the payments or distributions to be received by unsecured creditors or equity holders; (ii) any changes to any of the release provisions contained in the POR; (iii) the addition of any class of claims or equity interests, deletion of any class of claims or equity interests or the reclassification of an equity interest or claim; (iv) the assumption or rejection of executory contracts; (v) any changes to the conditions to the Effective Date of the POR or any deadlines relating to the entry of any orders, Confirmation Date or Effective Date under the POR; (vi) any change to the POR which would make the same inconsistent with the terms and provisions of this Agreement; (vii) any material change to the treatment or classification of the beneficiaries under the Litigation Trust; (viii) any changes affecting the Services Agreement or the ability to assume any existing servicing agreements and assignment of the same to NCOFS; or (ix) the treatment of the Secured Claim of Sunrock. Items (i) - (ix) above shall in no way be deemed a limitation on the "materiality" provision contained herein and NCO reserves its rights as to any other changes and as to whether the same are material.

  • Sale Order The Bankruptcy Court shall have entered the Sale Order and the Sale Order shall be a Final 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 joinder and consent of the Agent and the Borrower.

  • 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:

  • Court Approval No later than the fifth business day after the Effective Date, Purchaser shall file an action (“Action”) against Company in the Superior Court of the State of California for the County of Los Angeles (the “Court”) for collection of the Claim. Purchaser shall seek to settle the Action on terms acceptable to Purchaser in its sole discretion and, by appropriate motion or other pleading, shall seek approval from the Court of such settlement in accordance with Section 3(a)(10) of the Securities Act of 1933, as amended (the “Securities Act”).

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is passed at the Meeting as provided for in the Interim Order and as required by applicable Law, subject to the terms of this Agreement, the Company shall as soon as reasonably practicable thereafter, and in any event within three Business Days thereafter, take all steps necessary or desirable to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to Division 5 of Part 9 of the BCBCA.

  • 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.

  • Settlement Procedures Timetable In the event of a purchase of Notes by the Purchasing Agent, as principal, appropriate Settlement details, if different from those set forth below, will be set forth in the applicable Terms Agreement to be entered into between the Purchasing Agent and the Company pursuant to the Selling Agent Agreement. For orders of Notes solicited by an Agent, as agent, and accepted by the Company, Settlement Procedures "A" through "M" shall be completed as soon as possible but not later than the respective times (New York City time) set forth below: Settlement: Procedure Time

  • Disclosure Statement Adviser acknowledges receipt of Subadvisers Disclosure Statement, as required by Rule 204-3 under the Investment Advisers Act of 1940, more than 48 hours prior to the date of execution of this Agreement.

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