Section 365 Order definition

Section 365 Order means the Order entered by the Court pursuant to Bankruptcy Code ss.365(a) approving Seller's decision to reject the Lease as it relates to the Real Property effective as of when Buyer is the owner of the Real Property.
Section 365 Order means with respect to any Executory Contract not assumed and assigned to the Purchaser pursuant to the Sale Order, an Order of the Bankruptcy Court in form and substance acceptable to the Purchaser and the Seller authorizing such assumption and assignment to the Purchaser.
Section 365 Order means the Order entered by the Court pursuant to Bankruptcy Code ss.365(a) approving Seller's decision to: (i) reject the Lease as it relates to the Real Property; provided, however, that the Section 365 Order shall not approve Seller's decision to reject the Lease as it relates to the Paradise Lane Property unless Seller, in its sole and absolute discretion which may be unreasonably withheld, hereafter decides to reject the Lease as it relates to the Paradise Lane Property; and (ii) assume the Assumed Contracts, the form of which shall be agreed to by the parties hereto.

Examples of Section 365 Order in a sentence

  • The Court shall have entered the Section 363 Order and the Section 365 Order; provided, however, that Buyer shall not have the right to not close this transaction solely because the Section 365 Order approves Seller's decision to reject the Lease as it relates to the Paradise Lane Property in addition to the Real Property.

  • Subject to the definition of Section 365 Order stated herein and subject to the acquisition of the Real Property and closing the Real Property Purchase Agreement by the Private School, the Lease of the Real Property shall be rejected by Seller at the earlier of (i) the Closing or (ii) February 5, 2001.

  • The Court shall have entered the Section 363 Order and the Section 365 Order.

  • The U.S. Bankruptcy Court shall have entered the Bidding Procedures Order and the Approval Order and any Section 365 Orders for which motions for approval thereof shall have been filed no less than twenty-five (25) days prior to the Closing Date, and such Bidding Procedures Order and such Approval Order and each such Section 365 Order shall be in full force and effect and shall not have been stayed, modified, reversed or amended as of the Closing Date.

  • The term "Section 365 Order" shall mean the Order entered by the Court pursuant to Bankruptcy Code ss.365(a) approving Seller's decision to: (i) reject the Lease as it relates to the Real Property; and (ii) assume the Assumed Contracts, the form of which shall be agreed to by the parties hereto.

  • The Court shall have entered the Section 363 Order and the Section 365 Order; provided, however, that Buyer shall not have the right to not close this transaction solely because the Section 365 Order approves Seller's decision to reject the Lease as it relates to the North Scottsdale Property in addition to the Real Property.

  • None of the Seller or the Purchaser will file any pleading or take any position that is inconsistent with obtaining the U.S. Bankruptcy Court's approval of the Bidding Procedures Order, the Approval Order, any Section 365 Order, or any other such order and the appointment of the Joint Provisional Liquidators by the Bermuda Court pursuant to the Bermuda Order.

  • Flow quantification by "eyeball" estimates will be performed on high rate I/I sources.

  • Within three (3) Business Days of receipt of written notice from the Purchaser directing the Seller to seek the assumption and assignment of any Additional Contract, the Seller shall promptly file with the Bankruptcy Court a notice of proposed assignment (the “Additional Contracts Notice”) which Assignment Notice shall include a Section 365 Order.

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More Definitions of Section 365 Order

Section 365 Order has the meaning given to it in the Recitals.
Section 365 Order shall have the meaning ascribed thereto in Section 8.02(e).
Section 365 Order means the Order entered by the Court pursuant to Bankruptcy Code ss.365(a) approving Seller's decision to: (i) reject the Lease as it relates to the Real Property; provided, however, that the Section 365 Order shall not provide for the rejection of the Lease as it relates to the North Scottsdale Property unless Seller, in its sole and absolute discretion, hereafter decides to reject the Lease as it relates to the North Scottsdale Property; and (ii) assume the Assumed Contracts, the form of which shall be agreed to by the parties hereto.
Section 365 Order means with respect to any Contract not assumed and assigned to the Purchaser pursuant to the Sale Order, an Order of the Bankruptcy Court in form and substance acceptable to the Purchaser and the Sellers authorizing such assumption and assignment to the Purchaser. The term Section 365 Order includes a Disputed Contract Order.

Related to Section 365 Order

  • Bankruptcy Order means any court order made in a proceeding pursuant to or within the meaning of any Bankruptcy Law, containing an adjudication of bankruptcy or insolvency, or providing for liquidation, winding up, dissolution or reorganization, or appointing a Custodian of a debtor or of all or any substantial part of a debtor’s property, or providing for the staying, arrangement, adjustment or composition of indebtedness or other relief of a debtor.

  • Sale Order means an order or orders of the Bankruptcy Court in form and substance reasonably acceptable to Buyer and Sellers approving this Agreement and all of the terms and conditions hereof, and approving and authorizing Sellers to consummate the transactions contemplated hereby.

  • Interim DIP Order means an interim order of the Bankruptcy Court approving the DIP Facilities Motion, which order shall be consistent in all material respects with this Agreement and the DIP Credit Agreements, and otherwise in form and substance acceptable to the Debtors and the Requisite Consenting Creditors.

  • Approval Order means (i) an order in the form attached hereto as Exhibit 2; or (ii) in the event of a timely objection to the motion to approve the Agreement that if sustained would reduce the full Settlement Amount available to pay Asbestos-Released Claims, an order in such form agreed to in writing by the Parties, entered by the Bankruptcy Court that (a) approves this Agreement, (b) authorizes the Parties to undertake the settlement and the sale of the Subject Policies as set forth in this Agreement, and (c) provides for the Injunction.

  • Preliminary Approval Order means the order preliminarily approving the Settlement Agreement, certifying the Settlement Class for settlement purposes, and directing notice thereof to the Settlement Class, which will be agreed upon by the Parties and submitted to the Court in conjunction with Plaintiffs’ motion for preliminary approval of the Agreement.

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

  • Interim Order means the interim order of the Court, as the same may be amended, in respect of the Arrangement;

  • Bidding Procedures Order means that certain order of the Bankruptcy Court, entitled “Order (A) Approving Sale Procedures and Bid Protections, Including Break-Up Fee(s), In Connection With Sale Of Substantially All Assets; (B) Scheduling An Auction For And Hearing To Approve One Or More Sales; (C) Approving Notice Of Respective Date, Time And Place For Auction And For Hearing On Approval Of Sale(s),” entered on January 16, 2009.

  • Bid Procedures Order means an Order of the Bankruptcy Court that (a) is in substantially the form set forth as Exhibit A to this Agreement or otherwise in a form reasonably satisfactory to the Sellers and acceptable to the Buyer in its sole discretion, and (b) approves procedures for the solicitation and consideration of competitive bids for the Assets under the terms and conditions of this Agreement and authorizing the protections set forth in Article 11 for the Buyer.

  • Bankruptcy Court has the meaning set forth in the Recitals.

  • Levy Order means an Order made by the Commission under paragraph 16 of the Schedule to the Act.

  • DIP Order means the Interim Order, unless the Final Order shall have been entered, in which case it means the Final Order.

  • Final Approval Order means the proposed Order Granting Final Approval to the Settlement, to be entered by the Court with terms to be agreed upon by the Parties and consistent with this Agreement.

  • Bankruptcy Code means Title 11 of the United States Code.

  • Final DIP Order means a final order of the Bankruptcy Court approving the DIP Facilities Motion, which order shall be consistent in all material respects with this Agreement and the DIP Credit Agreements and otherwise in form and substance acceptable to the Debtors and the Requisite Consenting Creditors.

  • Bankruptcy Rules means the Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court, in each case as amended from time to time and as applicable to the Chapter 11 Cases.

  • Solicitation Procedures Order means the order of the Bankruptcy Court or other court of competent jurisdiction approving the Debtors' proposed procedures to govern their solicitation of votes on this Plan.

  • Local Bankruptcy Rules means the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware.

  • U.S. Bankruptcy Court means the United States Bankruptcy Court for the Southern District of New York.

  • United States Bankruptcy Code means the Bankruptcy Reform Act of 1978, as amended and as codified in Title 11 of the United States Code, as amended from time to time hereafter, or any successor federal bankruptcy law.

  • Declaratory order means the department’s interpretation of a statute, rule or order as applied to specified circumstances. A declaratory order is issued in response to a petition for declaratory order.

  • Submitted Sell Order has the meaning specified in Section 11.10(d)(i) below.

  • Transfer Order means a transfer order issued pursuant to subsection 40(1) of the CCA transferring this Agreement from the LHIN to Ontario Health;

  • Tariff Order in respect of a licensee means the most recent order issued by the Commission for that licensee indicating the rates to be charged by the licensee from various categories of consumers for supply of electrical energy and services;

  • Court Order means any judgment, decision, consent decree, injunction, ruling or order of any federal, state or local court or governmental agency, department or authority that is binding on any person or its property under applicable law.

  • Prescription drug order means an original or new order from a practitioner for drugs, drug-related devices or treatment for a human or animal, including orders issued through collaborative care agreements. Lawful prescriptions result from a valid practitioner-patient relationship, are intended to address a legitimate medical need, and fall within the prescribing practitioner's scope of professional practice;