Bankruptcy Court Approval Order definition

Bankruptcy Court Approval Order means those orders of the Bankruptcy Court necessary to approve the Bankruptcy Settlement Agreement.

Bankruptcy Court Approval Order means an order (a) that the Bankruptcy Court enters in the Bankruptcy Cases approving this Settlement Agreement; and (b) that all Parties have approved as to form and substance.

Bankruptcy Court Approval Order means an order by the Bankruptcy Court for the Eastern District of New York approving this Agreement and the transactions contemplated hereunder pursuant to Sections 105, 363, 365 of the Bankruptcy Code, and including, without limitation, a decretal paragraph pursuant to Section 363(f) of the Bankruptcy Code that the Stock shall be sold to Purchaser free and clear of any interest, rights or options and/or any liens, claims, encumbrances of any kind in such Stock of any Person whatsoever.

Examples of Bankruptcy Court Approval Order in a sentence

• Seller shall use its best efforts in good faith to cause the issuance of the Bankruptcy Court Approval Order.

• Seller shall take such additional action and shall coordinate with Purchaser as may be reasonably necessary or appropriate for the consummation of the transactions contemplated hereby to carry out and effectuate the terms and conditions of this Agreement; provided, however, that nothing in this Section 5.3 shall obligate Seller to take any actions related to the Bankruptcy Court Approval Order other than as provided in Section 5.2.

• If the Bankruptcy Court does not enter the Bankruptcy Court Approval Order within six months after the Agreement Date, this Agreement and the Settlement shall be null and void ab initio, shall not be deemed to prejudice any claims that Plaintiffs may have concerning the Settled Claims, and shall not be deemed to prejudice any objections, arguments, or defenses that Kroll may have concerning the Settled Claims.

• Alam agrees to file an affirmative statement acceptable to the Liquidating Trustee in her sole discretion on the docket in the Bankruptcy Case and in the Adversary Proceeding that he withdraws and disavows any statements made about the Liquidating Trustee Releasees’ alleged improper conduct within two (2) days of entry of the Bankruptcy Court Approval Order.

• As soon as is practical after the Bankruptcy Court has entered the Bankruptcy Court Approval Order, Plaintiffs shall file a motion requesting that the Court enter the Scheduling Order and the Bar Order and Judgment approving this Agreement.

More Definitions of Bankruptcy Court Approval Order

Bankruptcy Court Approval Order is defined in Section 9(b)(ii).

Bankruptcy Court Approval Order means an order of the Bankruptcy Court (i) authorizing Federal Insurance Company and National Union Fire Insurance Company of Pittsburg, Pa., to the extent applicable and/or necessary, to fund the Settlement from the proceeds of their respective Insurance Policies (defined below) and (ii) modifying the automatic stay (§362 of the Bankruptcy Code), to the extent applicable and/or necessary, for the limited purpose of allowing the use of the insurance proceeds to fund the Settlement.

Bankruptcy Court Approval Order means an order (a) that the Bankruptcy Court enters in the Bankruptcy

Bankruptcy Court Approval Order has the meaning set forth in Section 2 hereof.

Bankruptcy Court Approval Order means an order, in form and content reasonably satisfactory to the Parties, approving this Agreement, the Migration Plan and the transactions described herein entered on the docket of the Bankruptcy Court, upon due and proper notice to parties in interest, which Order shall be final, non-appealable and unstayed and shall: (i) survive confirmation of a plan of reorganization or liquidation in the Bankruptcy Case, the sale, assignment, transfer or other disposition of any Allegiance assets, compromises with other parties in interest, and conversion or dismissal of the Bankruptcy Case and (ii) govern (and as appropriate, be incorporated into) any plan, related Orders of the Bankruptcy Court under applicable bankruptcy or non-bankruptcy law, including, without limitation, an Order in respect of plan confirmation, a Bankruptcy Code Sections363 or 365 Order, or a Bankruptcy Court Order under Fed. R. Bankr. P. 9019. The Bankruptcy Court Approval Order shall expressly state that the assumption and assignment to Level 3 of the KMC Agreement shall not release or waive any claims that Allegiance may have against KMC respecting performance of the KMC Agreement, and that (except with respect to claims respecting backhaul latency or non-delivery of ports relating to periods of time prior to the assumption and assignment of the KMC Agreement, as set forth in Section 3(d) hereof) Xxxxx 0 xxxxx xx free to enforce all such rights against KMC (even if such rights relate to periods of time prior to the assignment of the KMC Agreement to Level 3). All Parties shall in good faith endeavor to obtain the Bankruptcy Court Approval Order. Each Party shall bear its own fees and costs associated with such efforts.

Bankruptcy Court Approval Order means an order entered by the Bankruptcy Court granting the Bankruptcy Court Approval Motion, which order (a) shall be (i) in a form and substance reasonably satisfactory to Desc Automotriz and Dana, (ii) in accordance with the provisions of this Agreement and the Ancillary Agreements, including Section 7.2 of this Agreement, and (iii) a final order that has not been reversed, modified, rescinded, or stayed, and for which the time to appeal has expired and is no longer subject to appeal or further judicial review; and (b) shall, among other things, (i) approve this Agreement, the Ancillary Agreements, as appropriate, and the Transactions under, inter alia, Sections 363 and 365 of the Bankruptcy Code and Bankruptcy Rule 9019, (ii) include a specific finding that Desc Automotriz is a good faith purchaser, for purposes of Section 363(m) of the Bankruptcy Code, of the Dana JV Shares, (iii) provide that Dana is authorized to enter into the Hybrid Loans, (iv) provide that Dana is authorized to transfer the Desc Automotriz Promissory Note to Dana Mexico, for the purpose of Dana Mexico’s use of that note in payment for the stock of the shares of the Dana Targets from Desc Automotriz, (v) provide that the sale of the Dana JV Shares shall be free and clear of any Encumbrance whatsoever, pursuant to Section 363(f) of the Bankruptcy Code and is vested with the right, title and interest of Dana in the Dana JV Shares, (vi) provide that Dana is authorized to amend and assume as amended, its obligations under the contracts listed on Schedule 7.22(a) hereof pursuant to Section 365 of the Bankruptcy Code, (vii) provide for a waiver of the stays contemplated by Bankruptcy Rules 6004(h) and 6006(d), as applicable, and that the Bankruptcy Court Approval Order is immediately effective and enforceable, (viii) authorize Dana’s reimbursement to the Desc Parties of all amounts due in respect of the Dana Account, and (ix) waive and release all claims of any kind of Dana and Dana’s Affiliates and Dana’s Subsidiaries against Sxxxxx, the Desc Entities (as defined in the Release Agreement) and the Desc Targets including all avoidance claims pursuant to Sections 544, 545, 547, 548, 549, 550 and 553(b) of the Bankruptcy Code, except for claims arising under this Agreement and the Ancillary Agreements and certain other exceptions as set forth in the Release Agreement; (x) include a determination that the transfers pursuant to this Agreement and the Ancillary Agreements, as appropriate, con...

Bankruptcy Court Approval Order means an order (a) that the Bankruptcy Court