Submission for Court Approval. As promptly as practicable after the Execution Date, Sellers shall file with the Bankruptcy Court this Agreement and such notices as may be appropriate in connection therewith. Buyer shall cooperate with Sellers in obtaining Bankruptcy Court approval of the Bidding Procedures, including providing evidence, if requested, of Buyer's ability to perform the obligations of Sellers under the Assumed Contracts.
Submission for Court Approval. (a) As promptly as practicable, but in no event later than five Business Days after the Execution Date, Sellers (other than TG Canada) shall file with the Bankruptcy Court motions and notices, as may be appropriate, and a proposed order substantially in the form of Exhibit 5.8(a) (the "Bidding Procedures Order"), seeking the approval of Section 5.8 hereof and authorizing the observance and performance of such terms by Sellers (other than TG Canada) and Buyer during the pendency of the Bankruptcy Cases. Notwithstanding anything to the contrary contained in this Agreement, to the extent the bidding procedures contained in the Bidding Procedures Order entered by the Bankruptcy Court differ from the Bidding Procedures, and such bidding procedures are agreed to by Buyer, the bidding procedures contained in the Bidding Procedures Order entered by the Bankruptcy Court shall supersede the Bidding Procedures in all respects.
Submission for Court Approval. (a) The Company has filed with the Bankruptcy Court and served notice of the sale of the Assets free and clear of all Adverse Interests and Retained Liabilities to the Persons set forth in Section 2.14. The notice specifies, among other things, that the Approval Order will permit the Purchaser to use and occupy the Leased Real Property in accordance with the terms of the applicable Leases during the period from the Closing Date through the later of (i) the date of assumption and assignment of such Lease or (ii) the date of completion of a going-out-of-business sale, notwithstanding any provision in the Lease to the contrary. The Company has provided Purchaser with a copy of such notice.
Submission for Court Approval. As promptly as practicable after the date hereof, Seller and Buyer shall jointly prepare and Seller shall submit (i) this Agreement and (ii) the Plan of Reorganization (which will provide, among other things, for the purchase of the Acquired Assets and the assumption of the Assumed Liabilities) and shall request entry of the Confirmation Order. Buyer shall cooperate with Seller in obtaining entry of the Confirmation Order, and Seller shall use its reasonable best efforts to obtain entry of the Confirmation Order and shall deliver to Buyer copies of pleadings, motions, notices, statements, schedules, applications, reports and other papers to be filed with the Bankruptcy Court relating to the process of the confirmation of the Plan of Reorganization.
Submission for Court Approval. As promptly as practicable after the date hereof, Seller shall submit to the Bankruptcy Court a motion(s) seeking (i) the Auction Order, (ii) the Sale Order authorizing (y) the sale of the Purchased Assets to Buyer pursuant to the terms and conditions of this Agreement and (z) Seller entering into the Sublease Agreement and (iii) an order of the Bankruptcy Court pursuant to Section 365(d)(4) of the Bankruptcy Code to extend the time to assume or reject the Valu-Bilt Lease to the six (6) month anniversary of the Eleventh Day.
Submission for Court Approval. (a) The Company shall submit this Agreement for the approval of the Bankruptcy Court, including approval of the provisions set forth in Section 5.17 and assumption and assignment of the Contracts as set forth in Section 6.2(c) and 6.3(c) hereof, as promptly as practicable after the date hereof, but in no event later than five business days after the filing of the Petition. Buyer shall cooperate with the Company in obtaining such 102 103 Bankruptcy Court approval, including providing evidence, if requested, of Buyer's ability to perform the obligations of the Company and its Subsidiaries under the Contracts listed on Schedules II, IV and V hereto. In connection with its application for the First Order, the Company shall seek approval of and support the over-bid procedure set forth in Section 5.17 hereof and the Termination Payment set forth in Section 8.4 hereof.
Submission for Court Approval. The Seller shall file with the Court (a) this Agreement and (b) to the extent not previously filed, one or more applications and motions seeking entry of the Procedures Order and the Final Order as promptly as practicable after the date hereof. The Buyer shall cooperate with the Seller in obtaining Court approvals of this Agreement and entry of the Procedures Order and the Final Order, and the Seller shall use its reasonable efforts to obtain such approvals and orders, and shall deliver to the Buyer copies of all pleadings, motions, notices, statements, schedules, applications, reports and other papers to be filed with the Court relating to such approvals and orders reasonably in advance of filing the same in order to permit the Buyer to provide comments thereto.
Submission for Court Approval. Buyer and Sellers hereby acknowledge that Sellers are currently debtors in possession in cases under the Bankruptcy Code pending in the Bankruptcy Court and jointly administered as the Bankruptcy Cases. Seller shall, within three (3) Business Days from the date of execution of this Agreement, file a motion with the Bankruptcy Court pursuant to Federal Rule of Bankruptcy Procedure 9013 and Sections 363 and 365 of the Bankruptcy Code (the "Sale Motion") seeking, inter alia, (i) approval of this Agreement and entry of an order approving the sale of the Purchased Assets to Buyer, free and clear of all Liens pursuant to Section 363 of the Bankruptcy Court, (ii) assumption and assignment of the Assumed Contracts and establishing the amount of the Cure Amounts related thereto under Section 365 of the Bankruptcy Code, and (iv) an order approving the compromise of the claim of RFC Capital Corp., not to exceed $7,500,000. Buyer and Sellers shall use their best efforts to obtain Bankruptcy Court approval of the Sale Motion as soon as practicable; provided, however, if a Final Order1 of the Bankruptcy Court is not obtained on or before March 31, 2001, Buyer may terminate the Acquisition. This Agreement shall be subject to entry of a Final Order of the Bankruptcy Court (the "Sale Order") approving the (i) the Sale Motion, (ii) this Agreement, (iii) the sale of the Purchased Assets to Buyer free and clear of all Liens, except the liens of RFC Capital Corp. to the extent securing the payment of the RFC Assumed Indebtedness, (iv) the assumption and assignment of the Assumed Contracts, and (v) approving the compromise of the claim of RFC Capital Corp. As a condition to Buyer's obligation to consummate the Acquisition, the Bankruptcy Court shall have entered a Final Sale Order approving the sale in a form and substance reasonably acceptable to Buyer. -------- 1 For purposes of this Agreement, "
Submission for Court Approval. As promptly as practicable after the date hereof, Seller and Buyer shall jointly prepare and Seller shall submit xiv) this Agreement and xv) a motion to approve this Agreement, subject to the applicable overbid procedures, and the Order granting such motion. Buyer shall cooperate with Seller in obtaining the Order, and Seller shall use its reasonable best efforts to obtain the Order and shall deliver to Buyer copies of pleadings, motions, notices, statements, schedules, applications, reports and other papers to be filed with the Bankruptcy Court relating to the process of the confirmation of the plan of reorganization.
Submission for Court Approval. Seller shall submit this Agreement for the approval of the Bankruptcy Court, including approval of the assumption and assignment of the Assumed Contracts and the assumption of the Assumed Liabilities, as promptly as practicable after the date hereof. Buyer shall cooperate with Seller in obtaining such Bankruptcy Court approval.
