Sale Orders. Except as provided in the last sentence of this Section 6, the giving of each self order by Client shall constitute a designation of the sale as "long" and a certification that the securities to be sold are owned by Client and, if such securities are not in your possession, the placing of such order shall constitute a warranty by Client that Client shall deliver such securities to you on or before settlement date. If Client maintains a margin account, Client agrees to designate all sell orders as either "long" or "short".
Sale Orders. The Bankruptcy Courts shall have entered the Sale Orders.
Sale Orders. The Bankruptcy Courts shall have entered the Sale Orders and such Orders shall have become Final Orders.
Sale Orders. Each order of the Dealer must be wired, telephoned or written and must be sent to the Distributor or its agent, accompanied by payment in full for the purchase of shares pursuant to such order. Payment for shares purchased by the Dealer hereunder shall be at the public offering price next computed after receipt of the purchase order by check or by wire payable to the Trust at the Distributor's address. No shares shall be purchased hereunder, and the Distributor shall assume no liability for any loss sustained by the Dealer and/or any Investors due to the Distributor's failure to transact such purchase, in the event that the Dealer's order is not so accompanied by payment in full for the purchase of shares pursuant to such order. The Dealer agrees to place orders for the same number of shares, and at the same price, as in sales by the Dealer and will not, as principal, sell shares unless purchased by the Dealer from the Distributor under the terms hereof. Each order by the Dealer must be confirmed in writing on the same day.
Sale Orders. FinClear Services reserves the right to not accept an Order to sell International Securities on your behalf unless there is sufficient number of those securities in your account with us.
Sale Orders. Openmarkets will not accept an Order to sell International Securities on your behalf unless Openmarkets Nominees holds a sufficient number of those securities on your behalf. You agree to not place an Order to sell International Securities which you do not hold.
Sale Orders. Pershing will not accept an Order to sell International Securities on your behalf unless Pershing Nominees holds a sufficient number of those securities on your behalf.
Sale Orders. Sellers have filed a motion (the “Sale Motion”) for entry by the Bankruptcy Court of the following orders, which arc hereinafter collectively referred to as the “Sale Orders”:
(A) an order (the “Approval Order”) which (i) approves the sale to that party that submits, in accordance with the Bidding Procedures (defined below) a bid (as determined by the Trustee) in accordance with the Bidding Procedures or after competitive bidding at the Auction Sale (as that term is defined in the Bidding Procedures) strictly’ on the terms and conditions set forth in this Agreement, and that authorizes Sellers to proceed with this transaction, (ii) includes a specific finding that Buyer (or the successful competitive bidder) is a good faith buyer of the Acquired Assets, and (iii) states that the sale of the Acquired Assets to Buyer (or the successful competitive bidder) shall be free and clear of all liens, claims, interest and encumbrances whatsoever.
(B) an order (the “Contracts Assumption Order”) which approves Sellers’ right to assume and thereby assign to Buyer (or the successful competitive bidder) the Assumed Executory Contracts (collectively, the “Section 365 Contracts”) pursuant to Section 365 of the Bankruptcy Code and orders the payment of any Cure Payments payable to the other parties to the Section 365 Contracts as a condition to such assumption and assignment. The Trustee, on behalf of Sellers, and Sellers shall use reasonable efforts to obtain the Sale Orders. Both Buyer’s and Sellers’ obligations to consummate the transactions contemplated in this Agreement shall be conditioned upon the Bankruptcy Court’s entry of the Sale Orders. If (i) the Bankruptcy Court refuses to issue the Sale Orders, (ii) a third party competitive bidder to purchase the Acquired Assets is approved by the Bankruptcy Court at the hearing on the Sale Motion and closes its purchase of the Acquired Assets, or (iii) the Sale Orders are for any other reason not entered on or before March 15, 2002, then in any such event, this transaction shall automatically terminate and Sellers and Buyer shall be relieved of any further liability or obligation hereunder, Upon timely entry of the Sale Orders (such entry date being referred to herein as the “Sale Approval Date”), the condition set forth in this Section 8.3.1.1 shall conclusively be deemed satisfied.
Sale Orders. Sellers shall deliver a certified copy of the Sale Orders.
Sale Orders. The Bankruptcy Court will have entered the Bidding Procedures Order, the Sale Order and the Stalking Horse Order, and each of such Orders will be a Final Order.
