Examples of Section 363 Sale in a sentence
Each of, and collectively, (i) the Master Transaction Agreement, (ii) the Section 363 Sale Order and (iii) the related manufacturing agreements, asset purchase agreements, organizational documents, finance support agreements and all other related documentation.
Each of, and collectively, (i) the Master Transaction Agreement, (ii) the Section 363 Sale Order and (iii) the related manufacturing agreements, asset purchase agreements, organizational documents, finance support agreements and all other related documentation, each as amended, supplemented or modified from time to time in accordance with Section 6.6.
The Company shall, within five (5) business days, after the execution of this Agreement by Buyer and the Company, seek (i) an order by the Bankruptcy Court authorizing a Section 363 Sale of the Sale Assets to Buyer free and clear of all liens, claims and encumbrances (except Permitted Encumbrances) in accordance with the terms and provisions hereof ("Final Order"); and (ii) an order approving the Bidding Procedures described in Section 9.3 of this Agreement ("Bidding Procedures Order").
In the event the Section 363 Sale falls to close as a consequence of a breach by the Buyer of its obligations under this Agreement, or in the event of any of the Conditions to Obligations of the Company specified in Sections 11.1 and 11.4 have not been fulfilled at the Closing Date, Buyer shall pay to Company as liquidated damages, and not as a penalty, the sum of $ 1 00,000 ("Liquidated Damages").
Except as may otherwise be provided herein or mutually agreed to in writing by Buyer and the Company, and provided this Agreement has not been terminated as provided by Section 12, the closing of the Section 363 Sale ("The Closing") shall take place at such time as the parties mutually agrees but in no event earlier than thirty (30) days nor later than sixty (60) days after entry of the Final Order ("Closing Date").