Bankruptcy Court Order. The Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, is in full force and effect, and has not been reversed, stayed, modified or amended absent the consent of the Agent and the Borrower.
Bankruptcy Court Order. The Bankruptcy Court Order shall have been entered and shall be in full force and effect, and all conditions contemplated by the Bankruptcy Court Order to consummate the transactions contemplated hereby shall have been satisfied or waived.
Bankruptcy Court Order. The Bankruptcy Court shall have entered the Interim Order, certified by the Clerk of the Bankruptcy Court as having been duly entered, the Interim Order shall be in full force and effect and shall not have been vacated, reversed, modified, amended or stayed without the prior written consent of the Agent and the Required Purchasers and the automatic stay shall have been modified pursuant to the Interim Order to permit the creation and perfection of the Secured Parties’ Liens and security interests and shall have been automatically vacated, subject to the terms of the Orders, to permit enforcement of Secured Parties’ rights and remedies under this Agreement and the other Note Documents;
Bankruptcy Court Order. The Bankruptcy Court shall have entered the Interim Order, certified by the Clerk of the Bankruptcy Court as having been duly entered, and the Interim Order shall be in full force and effect and shall not have been vacated, reversed, modified, amended or stayed without the prior written consent of the Administrative Agent and the Requisite Lenders.
Bankruptcy Court Order. 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").
Bankruptcy Court Order. Buyer agrees that it will promptly take such actions as are reasonably requested by Sellers, on behalf of Sellers, to assist in obtaining the Bankruptcy Court Approval, including furnishing affidavits or other documents or information for filing with the Bankruptcy Court for purposes, among others, of demonstrating that Buyer is a "good faith" Buyer under Section 363(m) of the Bankruptcy Code. In the event the Bankruptcy Court Approval shall be appealed, Sellers shall use all reasonable efforts to defend such appeal.
Bankruptcy Court Order. The Company will use its reasonable efforts to obtain an order in form and in substance satisfactory to Parent, issued by the United States Bankruptcy Court for the Southern District of New York providing that following the Effective Time of the Merger, the Surviving Entity may issue shares of Parent Common Stock in lieu of shares of Company Common Stock to which certain general unsecured creditors would have been entitled prior to the Effective Time in satisfaction of their claims pursuant to the Debtors' Modified Second Amended Joint Plan of Reorganization dated October 21, 2003 (the "Bankruptcy Court Order"). In addition, the parties will cooperate with regard to the possibility of seeking an order to the effect that such shares of Parent Common Stock will be exempt from registration under the Securities Act pursuant to Section 1145(a) of the Bankruptcy Code.
Bankruptcy Court Order. The Bankruptcy Court ---------------------- Order shall have been entered by the Bankruptcy Court and the Administrative Agent shall have received a true and complete copy of such order, and such order shall be in full force and effect and shall not have been reversed, modified, amended, stayed or vacated absent prior written consent of the Agents, the Required Lenders and the Borrowers, which consent shall not be unreasonably withheld in the case of ministerial amendments or modifications.
Bankruptcy Court Order. On the date of such Loan, the Final Bankruptcy Court Order shall have been signed by the Bankruptcy Court, and the Agent shall have received a court stamped copy of the same and such order shall be in full force and effect and shall not have been reversed, stayed, modified or amended absent the consent of the Agent and the Borrowers.
Bankruptcy Court Order. (s). The Bankruptcy Court shall have entered the Sale Order within three (3) business days following the Sale Hearing, which includes, among other things (i) a finding that the Purchased Assets shall be sold to Purchaser free and clear of all liens, claims and encumbrances pursuant to section 363(f) of the Bankruptcy Code, (ii) provision that the Purchaser is a good faith purchaser entitled to the protection of section 363(m) of the Bankruptcy Code and a waiver of the stays set forth in Bankruptcy Rules 6004(g) and 6006(d), (iii) authorization for Sellers' assumption and assignment to Purchaser of the Corporate Office Lease, (iv) subject to Section 10.1 hereof, the exemption of the transactions contemplated herein from certain taxes under section 1146(c) of the Bankruptcy Code, (v) the retention of jurisdiction by the Bankruptcy Court to resolve any and all disputes that may arise under this Agreement as between Sellers and Purchaser, and further to hear and determine any and all disputes between Sellers and/or Purchaser, as the case may be, and any non-Seller party to, among other things, the Corporate Office Lease, any Assigned Contract or Assigned Lease, as applicable, concerning, inter alia, J&D's assumption and assignment thereof to Purchaser under this Agreement, and (vi) authorizing and approving the Agency and License Agreement (including, but not limited to, the Sellers' grant to Purchaser (individually and together with any agent(s) as may be selected by Purchaser, in its sole discretion) of a license (the "Store Closing License") to --------------------- use certain of Sellers' Stores for the purpose of conducting "store closing," "total liquidation" or similar theme inventory liquidation sales ("Store Closing ------------- Sales") in the Sellers' Stores as shall be designated by Purchaser prior to the ----- expiration of the Lease Election Period hereunder (collectively, the "Closing ------- 40 Locations"), with such Store Closing Sales to be (a) for the sole account and --------- benefit of the Purchaser, (b) completed by Purchaser no later than January 10, 2001, and (c) conducted in accordance with procedures reasonably satisfactory to Purchaser, and further consistent with such procedures as have previously been approved by the Bankruptcy Court in the Case. The Sale Order shall contain provisions included in Exhibit 7.5 (i) that grant Purchaser the Store Closing License to use the Closing Locations for the duration of the Store Closing Sales...
