Interim Order. The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:
Interim Order. Subject to the terms and conditions of this Agreement, as soon as reasonably practicable after the date of this Agreement, the Company shall apply in a manner reasonably acceptable to the Purchaser pursuant to Section 192(3) of the CBCA and, in cooperation with the Purchaser, prepare, file and diligently pursue an application for the Interim Order, which must provide, among other things:
Interim Order. The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide:
Interim Order. The Interim Order sought by PHM will provide: (a) that the only securities of PHM which will be entitled to vote on the Arrangement Resolution will be the PHM Shares and PHM Options; (b) that the record date for the Meeting will be the date determined by the PHM Board; (c) that each PHM Shareholder will be entitled to one vote for each PHM Share held as of the record date of the Meeting; (d) that each PHM Optionholder will be entitled to one vote for each PHM Share such PHM Optionholder would be entitled to receive upon valid exercise of the PHM Options held by such PHM Optionholder as of the record date of the Meeting; (e) that the requisite majority for the passing of the Arrangement Resolution will be at least two-thirds (66 2/3%) of the votes cast on the Arrangement Resolution by the registered PHM Shareholders and PHM Optionholders as of the record date of the Meeting present in person or represented by proxy at the Meeting, voting together as a single class; (f) that in all other respects, the terms, conditions and restrictions of PHM's constating documents, including quorum requirements and other matters, will apply in respect of the Meeting; (g) that the PHM Securityholders will be granted Dissent Rights; (h) for the notice requirements with respect to the presentation of the application to the Court for the Final Order; (i) that the Meeting may be postponed or adjourned from time to time by the PHM Board, subject to the terms of this Agreement, without the need for additional approval of the Court; (j) that it is PHM's intention to rely upon the exemption from registration provided by Section 3(a)(10) of the 1933 Act with respect to the New Common Shares, Newco Shares, New PHM Options, and Newco Options, to be issued, distributed and exchanged, as applicable, pursuant to the Arrangement, based on the Court's approval of the Arrangement; and 10 (k) for such other matters as PHM may reasonably require.
Interim Order. The Interim Order shall provide that:
Interim Order. The application referred to in Section 2.2(b) shall, unless the Company and the Purchaser otherwise agree, include a request that the Interim Order provide, among other things:
Interim Order. The application referred to in Section 2.3(a) shall request that the Interim Order provide, among other things:
Interim Order. Not later than five (5) days following the Filing Date, the Administrative Agent and the Lenders shall have received a certified copy of each Interim Order approving the Loan Documents and granting the Superpriority Claim status and senior priming and other Liens described in Section 2.24 and the CCAA DIP Lenders’ Charge, in the case of the Initial Order, which Interim Order (i) shall have been entered upon an application or motion of the applicable Loan Parties, in form and substance satisfactory to the Administrative Agent and the Co-Lead Arrangers and on such prior notice to such parties as may be satisfactory to the Administrative Agent and the Co-Lead Arrangers, (ii) shall authorize extensions of credit in amounts satisfactory to the Administrative Agent and the Co-Lead Arrangers, (iii) shall approve the payment by the Loan Parties of all of the Fees set forth in Section 2.20, Section 2.21 and Section 2.22, (iv) shall be in full force and effect, (v) shall not have been stayed, reversed, modified or amended in any respect without the written consent of the Administrative Agent and the Co-Lead Arrangers, (vi) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent and the Co-Lead Arrangers in their exclusive discretion) of the secured creditors of any of the Loan Parties under the Pre-Petition Credit Agreement, and (vii) if the Interim Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Loan Parties of any of their obligations hereunder or under the Loan Documents or under any other instrument or agreement referred to herein shall be the subject of a presently effective stay pending appeal.
Interim Order. (1) As soon as reasonably practicable after the date of this Agreement, but in any event at a time so as to permit the Company Meeting to be held on or before the date specified in Section 2.3(a), and the Purchaser Meeting to be held on or before the date specified in Section 2.5(1), the Company shall apply in a manner reasonably acceptable to the Purchaser pursuant to Section 291(b) of the BCBCA and, in cooperation with the Purchaser, prepare, file and diligently pursue an application for the Interim Order, which must provide, among other things:
Interim Order. As soon as reasonably practicable after the date of this Agreement, but in any event on or before January 22, 2018, the Company shall apply in a manner reasonably acceptable to the Parent and the Purchaser, pursuant to the BCBCA and, in cooperation with the Parent and the Purchaser, prepare, file and diligently pursue an application for the Interim Order, which shall provide, among other things:
