Court Approvals. If the payment of an indemnity hereunder requires the approval of a court under the provisions of the Canada Business Corporations Act or otherwise, either of the Corporation or, failing the Corporation, the Indemnified Party may apply to a court of competent jurisdiction for an order approving the indemnity of the Indemnified Party pursuant to this Agreement.
Court Approvals. If the payment of an indemnity under any provision of this Agreement requires any court or other approvals, the Corporation shall make the application or seek such other required approvals and use reasonable best efforts to obtain such order or other required approvals, including paying the costs of such application or seeking such other required approvals and paying the expenses of the Indemnified Party, to the extent permitted by applicable law, in connection with any such order or approval process. If the Corporation fails to do so, the Indemnified Party may apply to the Court or other applicable court, agency or body for an order or seek such other required approvals approving the indemnity of the Indemnified Party pursuant to this Agreement, and the Corporation shall pay the expenses of the Indemnified Party, to the extent permitted by applicable law, in connection with any such order or approval process.
Court Approvals. 2.4.1 As soon as is reasonably practicable after the date of execution of this Agreement, the Company shall:
Court Approvals. All provisions of this Agreement are subject to: (i) the entry of an order by the Bankruptcy Court (the “Approval Order”) approving the sale of the Core Assets to Employer, this Agreement, the Memorandum of Understanding on Transition to New Labor Agreements, and the Agreement to Mine the Foundation Reserves Under the Terms of the 2016 Agreement, and authorizing the Obligor Companies to enter into and perform their obligations hereunder and thereunder, (ii) such Approval Order becoming final and not subject to further appeal or reconsideration (except to the extent the final order requirement is waived in accordance with the terms of Alpha’s confirmed Third Amended Joint Plan of Reorganization (as such Plan may be amended or modified, the “Plan”)) (the terms set forth in (i) and (ii) being, collectively, the “Court Approvals”), and (iii) the transactions approved in the Approval Order having closed according to the terms of the governing agreements. The “Effective Date” shall be the Plan Effective Date (meaning the Effective Date as defined in the Plan), but in the event the Effective Date shall not have occurred by August 1, 2016, this Agreement shall be void ab initio, having no effect with the Parties reserving all of their rights and defenses.
Court Approvals. The Ontario Superior Court of Justice has certified the Ontario proceeding against Kawasaki and Tecumseh for the purposes of the settlement approval. The plaintiffs will seek authorization of the Québec proceeding in concert with the Settlement Approval Hearing in Québec. The Kawasaki and Tecumseh Settlements must be approved by the Ontario and Québec Courts before they become effective. The proposed plan for distributing the settlement funds to Class Members must also be approved by the Courts.
Court Approvals. The parties acknowledge and agree that the effectiveness of this Amendment, including, for the avoidance of doubt, any letter agreements hereto, is subject to and expressly conditioned upon assumption of the A319/A320/A321 Purchase Agreement as amended pursuant to the First Amended Joint Plan of Reorganization of US Airways Group, Inc. and its Affiliated Debtors and Debtors-in-Possession, as modified (the "Plan"), which Plan was confirmed by the United States Bankruptcy Court for the Eastern District of Virginia (the "Court") in the pending bankruptcy proceedings of US Airways Group, Inc. et al, as debtors (Case No. 02-83984-SSM) on March 18, 2003, which assumption shall occur as of the Effective Date of the Plan.
Court Approvals. In the event of any bankruptcy or insolvency proceeding involving Supplier, Supplier will exercise its commercial best efforts, in good faith, to obtain entry of interim and final orders of a court of competent jurisdiction, confirming the Customer’s rights under this Agreement and authorizing Supplier to enter into same, which order will be sought commensurate with the filing of any motion to obtain debtor-in-possession financing or other similar financing (whether on an interim or final basis).
Court Approvals. If the payment of an indemnity hereunder requires the approval of the court under the provisions of the Act or otherwise, either the Corporation or, failing which, the Indemnified Party, may apply to a court of competent jurisdiction for an order approving the indemnity of the indemnified party pursuant to this agreement. If the Indemnified Party so requests, the Corporation agrees to make the application and use its best efforts to obtain such order from the court including, without limitation, paying the costs of such application.
Court Approvals. The Vendor will use all commercially reasonable efforts to obtain the Vesting Order prior to the Closing Date and the Vendor will obtain the consent of the Purchaser to any changes to the Vesting Order requested by the Court or by any party to the Proceeding.
Court Approvals. The following orders will have been granted:
