Common use of THE SALE HEARING Clause in Contracts

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.

THE SALE HEARING. The Sale Hearing is presently scheduled to take place on December 22__________, 2003 at 1:30 p.m. (EST) _____ [a.m./p.m.] before the Xxxxxxxxx Xxxx X. WalrathHonorable ________________, Chief United States Bankruptcy Judge for the District of Judge, 824 Market Street, Wilmington, Delaware, Courtroom ____. At the Sale HearingSalx Xxxxxxx, the Sellers will seek entry xxx Xxxxxxx xxxx xxxx xxxxx of an order, among other things, authorizing and approving the Proposed proposed Sale (i) if no other Qualified Bid is received and accepted as the Successful Bid, to the Purchaser Buyer pursuant to the terms and conditions set forth in the Purchase Agreement as modified by Purchaser and Sellers in connection with the Auction, if applicableSale Agreement, 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 Sale Agreement or Competing Marked Agreement submitted by the Successful BidderBidder(s). 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 at which the Proposed Sale Bankruptcy Court approves the sale of the Purchased Assets and the Shares 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 be authorized to effectuate such sale without further order of the Bankruptcy Court.

THE SALE HEARING. The Sale Hearing is presently scheduled to take place on December 22________, 2003 at 1:30 p.m. (EST) _____ [a.m./p.m.] before the Xxxxxxxxx Xxxx X. WalrathHonorable ________________, Chief United States Bankruptcy Judge for the District of Judge, 824 Market Street, Wilmington, Delaware, Courtroom ____. At the Sale HearingSaxx Xxxxxxx, the Sellers will seek entry xxx Xxxxxxx xxxx xxxx xxxxx of an order, among other things, authorizing and approving the Proposed proposed Sale (i) if no other Qualified Bid is received and accepted as the Successful Bid, to the Purchaser Buyer pursuant to the terms and conditions set forth in the Purchase Agreement as modified by Purchaser and Sellers in connection with the Auction, if applicableSale Agreement, 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 Sale Agreement or Competing Marked Agreement submitted by the Successful BidderBidder(s). 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 at which the Proposed Sale Bankruptcy Court approves the sale of the Purchased Assets 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 be authorized to effectuate such sale without further order of the Bankruptcy Court.