THE SALE HEARING Sample Clauses

THE SALE HEARING. The Sale Hearing is presently scheduled to take place on December 22, 2003 at 1:30 p.m. (EST) before the Xxxxxxxxx Xxxx X. Walrath, Chief United States Bankruptcy Judge for the District of Delaware. At the Sale Hearing, the Sellers will seek entry of an order, among other things, authorizing and approving the Proposed Sale (i) if no other Qualified Bid is received and accepted as the Successful Bid, to the Purchaser pursuant to the terms and conditions set forth in the Purchase Agreement as modified by Purchaser and Sellers in connection with the Auction, if applicable, or (ii) if a Qualified Bid is received by the Sellers, to the Successful Bidder, as determined by the Sellers in accordance with the Bidding Procedures, pursuant to the terms and conditions set forth in the Purchase Agreement or Competing Agreement submitted by the Successful Bidder. The Sale Hearing may be adjourned or rescheduled without notice other than by an announcement of the adjourned date at the Sale Hearing. Following the Sale Hearing approving the Proposed Sale to a Successful Bidder, if such Successful Bidder fails to consummate an approved sale because of a breach or failure to perform on the part of such Successful Bidder, the next highest or otherwise best Qualified Bid, as disclosed at the Sale Hearing, shall be deemed to be the Successful Bid and the Sellers shall effectuate such sale without further order of the Bankruptcy Court.
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THE SALE HEARING. The sale hearing shall commence and take place on September 28, 2005 at 9:00 a.m. prevailing Central Time, before the Xxxxxxxxx Xxxxx Xxxxxxxx, United States Bankruptcy Judge, in his Courtroom of the United States Bankruptcy Court for the Eastern District of Missouri, Eastern Division, Xxxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, 000 Xxxxx Xxxxx Street, Fifth Floor, North, St. Louis, Missouri 63102 (the "Sale Hearing"). The Sale Hearing shall be open and oral in the Bankruptcy Court. Any Qualified Bidder will have the right to participate in the Sale Hearing. Qualified Bidders must attend the Sale Hearing in person or through an authorized representative or agent with actual authority to participate in the Sale Hearing and bind such Qualified Bidder. During the Sale Hearing, any Qualified Bidder may submit an increased bid that satisfies the requirements of Section 3 above. The minimum initial overbid shall be $4,250,000, which is $250,000 more than the Purchase Price proposed by the Buyer. Subsequent overbid increments shall be not less than $100,000. Any bid received from a Qualified Bidder during the Sale Hearing that satisfies these requirements shall constitute an "Increased Bid."
Sample 1
THE SALE HEARING. The Sale Hearing will be held before the Honorable Judge Xxxxx X. Xxxx on September 19, 2008 at 11:00 a.m. (New York time) in the United States Bankruptcy Court for the Southern District of New York, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, XX. The Sale Hearing may be adjourned or rescheduled with the consent of the Purchaser without further notice by an announcement of the adjourned date at the Sale Hearing. If the Debtors do not receive any Qualified Bids (other than the Qualified Bid of the Purchaser), the Debtors will report the same to the Bankruptcy Court at the Sale Hearing and will proceed with a sale of the Purchased Assets to the Purchaser following entry of the Sale Order.
Sample 1
THE SALE HEARING. The Sale Hearing will be held before the Xxxxxxxxx Xxxxxxxx X. Beatty, United States Bankruptcy Judge, in Courtroom 701 of the United States Bankruptcy Court for the Southern District of New York, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, XX 00000-0000 on December , 2003, at : p.m. (prevailing Eastern Time). The Sale Hearing may be adjourned from time to time without further notice other than an announcement in open court of the adjourned date or dates at the Sale Hearing or an adjourned hearing. Responses or objections, if any, to the relief sought in the Motion must be filed with the Clerk of the Court and served upon (i) IMPATH Inc., 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000 (Attn: Xxxxxxx Xxxxxxxxxx, Esq. and Xxxxx Xxxxxx Etlin); (ii) Weil, Gotshal & Xxxxxx LLP, attorneys for the Debtors, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (Attn: Xxxxxx X. Xxxxx, Esq. and Xxxxxxx Xxxxxxxx, Esq.); (iii) the Office of the United States Trustee, 00 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxx X. Xxxxxxxxxxxx, Esq.); (iv) Arent Fox Xxxxxxx Xxxxxxx & Xxxx, PLLC, attorneys for the statutory committee of unsecured creditors, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxxxxxx X. Xxxxxxx, Esq.); (v) Xxxxx Xxxxx Xxxx & Maw LLP, attorneys for Fleet National Bank as administrative agent for the Debtors’ prepetition and postpetition lenders, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxxxxxxx X. Xxxxx, Esq.); (vi) Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, attorneys for IMPAC, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxxxxxx X. XxXxxxx, Esq.); and (vii) those parties entitled to notice pursuant to this Court’s order dated September 30, 2003, so as to be received no later than December , 2003, at 4:00 p.m. (prevailing Eastern Time).
Sample 1
THE SALE HEARING. Seller and Greate Bay shall seek to conduct the sale of the Shares pursuant to this Agreement and without further sales efforts or competitive bidding for the reasons, among others, set forth in Section 2.10, and shall request the Bankruptcy Court to enter the Sale Approval Order at the first hearing before the Bankruptcy Court that is at least 20 days after the filing and service of the motion to obtain the Sale Approval Order (23 days, if notice is provided by regular mail). As more specifically set forth in Exhibit E, the Sale Approval Order shall include: (a) provisions which authorize the transactions contemplated hereby; (b) a finding that adequate notice of all matters relating to the sale of the Shares to Buyer and the transactions described in this Agreement has been given to all creditors and parties in interest in the Debtors' bankruptcy cases; (c) an order that the sale of the Shares is free and clear of all Liens, interests and any rights of other parties, whether they are parties to pending litigation relating to or arising in connection with the Shares or otherwise; (d) a finding that Buyer has acted in good faith within the meaning of Section 363(m) of the Bankruptcy Code and (e) provisions for the retention of jurisdiction in the Bankruptcy Court over matters relating to the transactions contemplated hereby.
Sample 1
THE SALE HEARING. The hearing (the "Sale Hearing") on whether to grant the relief sought in the motion to approve the sale of the Common Stock of the Company shall be held on [ ] 200[ ], at : .
Sample 1

Related to THE SALE HEARING

  • Request for Hearing The employee must file a written request for hearing within fifteen calendar days of receipt of the Notice of Dismissal or Suspension. Filing means receipt in the office designated no later than regular close of business on the last day of the filing period. Failure to file such request in a timely manner shall be deemed a waiver of the right to a hearing and the proposed action shall be effective upon action by the Governing Board without notice or hearing except as may be required in a board meeting agenda.

  • Fairness Hearing “Fairness Hearing” means the hearing before the Court relating to the Motion for Final Approval.

  • Public Hearing In the course of each proceeding, the competent investigating authority shall:

  • Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.

  • Arbitration Hearing An Arbitration Hearing will be held within thirty (30) days after the Administrative Conference if no discovery is taken, or within thirty (30) days after the close of discovery, unless all parties and the Panel agree to extend the Arbitration Hearing date, or unless the parties agree in writing to waive the Arbitration Hearing. The parties may mutually agree on the location of the Arbitration Hearing. If the parties fail to agree, the Arbitration Hearing shall be held in Chicago, Illinois, or at such other location determined by the Presiding Arbitrator to be most convenient to the participants. The Panel will determine the date(s) and time(s) of the Arbitration Hearing(s) after consultation with all parties and shall provide reasonable notice thereof to all parties or their representatives.

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo.

  • Required Meetings or Hearings Whenever any employee is required to appear before the Superintendent or his designee, Board or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in his office, position, or employment or the salary of any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meetings or interview and shall be entitled to have a representative of the Association present to advise him and represent him during such meetings or interview.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Public Hearings If public hearings on the scope of work are held during the period of the Agreement, Contractor will make available to testify the personnel assigned to this Agreement. The Energy Commission will reimburse Contractor for compensation and travel of the personnel at the Agreement rates for the testimony which the Energy Commission requests.

  • Contractor Hearing Board 1. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 2. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The Contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. 3. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 4. If a Contractor has been debarred for a period longer than five (5) years, that Contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the Contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interests of the County. 5. The Contractor Hearing Board will consider a request for review of a debarment determination only where (1) the Contractor has been debarred for a period longer than five (5) years; (2) the debarment has been in effect for at least five (5) years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing. 6. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.

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