THE SALE HEARING Sample Clauses

THE SALE HEARING. The Sale Hearing is presently scheduled to take place on December 22, 2003 at 1:30 p.m. (EST) before the Xxxxxxxxx Xxxx X. Walrath, Chief United States Bankruptcy Judge for the District of Delaware. At the Sale Hearing, the Sellers will seek entry of an order, among other things, authorizing and approving the Proposed Sale (i) if no other Qualified Bid is received and accepted as the Successful Bid, to the Purchaser pursuant to the terms and conditions set forth in the Purchase Agreement as modified by Purchaser and Sellers in connection with the Auction, if applicable, or (ii) if a Qualified Bid is received by the Sellers, to the Successful Bidder, as determined by the Sellers in accordance with the Bidding Procedures, pursuant to the terms and conditions set forth in the Purchase Agreement or Competing Agreement submitted by the Successful Bidder. The Sale Hearing may be adjourned or rescheduled without notice other than by an announcement of the adjourned date at the Sale Hearing. Following the Sale Hearing approving the Proposed Sale to a Successful Bidder, if such Successful Bidder fails to consummate an approved sale because of a breach or failure to perform on the part of such Successful Bidder, the next highest or otherwise best Qualified Bid, as disclosed at the Sale Hearing, shall be deemed to be the Successful Bid and the Sellers shall effectuate such sale without further order of the Bankruptcy Court.
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THE SALE HEARING. Seller and Greate Bay shall seek to conduct the sale of the Shares pursuant to this Agreement and without further sales efforts or competitive bidding for the reasons, among others, set forth in Section 2.10, and shall request the Bankruptcy Court to enter the Sale Approval Order at the first hearing before the Bankruptcy Court that is at least 20 days after the filing and service of the motion to obtain the Sale Approval Order (23 days, if notice is provided by regular mail). As more specifically set forth in Exhibit E, the Sale Approval Order shall include: (a) provisions which authorize the transactions contemplated hereby; (b) a finding that adequate notice of all matters relating to the sale of the Shares to Buyer and the transactions described in this Agreement has been given to all creditors and parties in interest in the Debtors' bankruptcy cases; (c) an order that the sale of the Shares is free and clear of all Liens, interests and any rights of other parties, whether they are parties to pending litigation relating to or arising in connection with the Shares or otherwise; (d) a finding that Buyer has acted in good faith within the meaning of Section 363(m) of the Bankruptcy Code and (e) provisions for the retention of jurisdiction in the Bankruptcy Court over matters relating to the transactions contemplated hereby.
Sample 1
THE SALE HEARING. The Sale Hearing will be held before the Xxxxxxxxx Xxxxxxxx X. Beatty, United States Bankruptcy Judge, in Courtroom 701 of the United States Bankruptcy Court for the Southern District of New York, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, XX 00000-0000 on December , 2003, at : p.m. (prevailing Eastern Time). The Sale Hearing may be adjourned from time to time without further notice other than an announcement in open court of the adjourned date or dates at the Sale Hearing or an adjourned hearing. Responses or objections, if any, to the relief sought in the Motion must be filed with the Clerk of the Court and served upon (i) IMPATH Inc., 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000 (Attn: Xxxxxxx Xxxxxxxxxx, Esq. and Xxxxx Xxxxxx Etlin); (ii) Weil, Gotshal & Xxxxxx LLP, attorneys for the Debtors, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, (Attn: Xxxxxx X. Xxxxx, Esq. and Xxxxxxx Xxxxxxxx, Esq.); (iii) the Office of the United States Trustee, 00 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxx X. Xxxxxxxxxxxx, Esq.); (iv) Arent Fox Xxxxxxx Xxxxxxx & Xxxx, PLLC, attorneys for the statutory committee of unsecured creditors, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxxxxxx X. Xxxxxxx, Esq.); (v) Xxxxx Xxxxx Xxxx & Maw LLP, attorneys for Fleet National Bank as administrative agent for the Debtors’ prepetition and postpetition lenders, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxxxxxxx X. Xxxxx, Esq.); (vi) Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, attorneys for IMPAC, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (Attn: Xxxxxxxx X. XxXxxxx, Esq.); and (vii) those parties entitled to notice pursuant to this Court’s order dated September 30, 2003, so as to be received no later than December , 2003, at 4:00 p.m. (prevailing Eastern Time).
Sample 1
THE SALE HEARING. The hearing (the "Sale Hearing") on whether to grant the relief sought in the motion to approve the sale of the Common Stock of the Company shall be held on [ ] 200[ ], at : .m.5 prevailing Eastern Time or as soon thereafter as counsel may be heard in the bankruptcy court, and may be adjourned from time to time without further notice other than an announcement in open court at the Sale Hearing. At the Sale Hearing, if no other Qualified Bid was received, the Seller will seek entry of an order, inter alia, authorizing and approving the sale of the Common Stock of the Company to the Purchaser pursuant to the terms and conditions set forth in the Stock Purchase Agreement, or, if a Qualified Bid other than the Qualified Bid of the Purchaser as set forth in the Stock Purchase Agreement was identified as the Successful Bid, to the Successful Bidder pursuant to the form of the stock purchase agreement agreed to by the Seller and the Successful Bidder.
Sample 1
THE SALE HEARING. The sale hearing shall commence and take place on September 28, 2005 at 9:00 a.m. prevailing Central Time, before the Xxxxxxxxx Xxxxx Xxxxxxxx, United States Bankruptcy Judge, in his Courtroom of the United States Bankruptcy Court for the Eastern District of Missouri, Eastern Division, Xxxxxx X. Xxxxxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, 000 Xxxxx Xxxxx Street, Fifth Floor, North, St. Louis, Missouri 63102 (the "Sale Hearing"). The Sale Hearing shall be open and oral in the Bankruptcy Court. Any Qualified Bidder will have the right to participate in the Sale Hearing. Qualified Bidders must attend the Sale Hearing in person or through an authorized representative or agent with actual authority to participate in the Sale Hearing and bind such Qualified Bidder. During the Sale Hearing, any Qualified Bidder may submit an increased bid that satisfies the requirements of Section 3 above. The minimum initial overbid shall be $4,250,000, which is $250,000 more than the Purchase Price proposed by the Buyer. Subsequent overbid increments shall be not less than $100,000. Any bid received from a Qualified Bidder during the Sale Hearing that satisfies these requirements shall constitute an "Increased Bid."
Sample 1
THE SALE HEARING. The Sale Hearing will be held before the Honorable Judge Xxxxx X. Xxxx on September 19, 2008 at 11:00 a.m. (New York time) in the United States Bankruptcy Court for the Southern District of New York, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, XX. The Sale Hearing may be adjourned or rescheduled with the consent of the Purchaser without further notice by an announcement of the adjourned date at the Sale Hearing. If the Debtors do not receive any Qualified Bids (other than the Qualified Bid of the Purchaser), the Debtors will report the same to the Bankruptcy Court at the Sale Hearing and will proceed with a sale of the Purchased Assets to the Purchaser following entry of the Sale Order.
Sample 1

Related to THE SALE HEARING

  • Fairness Hearing Upon the execution hereof, Company and IBC agree, pursuant to Section 3(a)(10) of the Securities Act of 1933 (the “Act”), to immediately submit the terms and conditions of this Agreement to the Court for a hearing on the fairness of such terms and conditions, and the issuance exempt from registration of the Settlement Shares. This Agreement shall become binding upon the parties only upon entry of an order by the Court substantially in the form annexed hereto as Exhibit A (the “Order”).

  • Arbitration Hearing An Arbitration Hearing will be held within thirty (30) days after the Administrative Conference if no discovery is taken, or within thirty (30) days after the close of discovery, unless all parties and the Panel agree to extend the Arbitration Hearing date, or unless the parties agree in writing to waive the Arbitration Hearing. The parties may mutually agree on the location of the Arbitration Hearing. If the parties fail to agree, the Arbitration Hearing shall be held in Chicago, Illinois, or at such other location determined by the Presiding Arbitrator to be most convenient to the participants. The Panel will determine the date(s) and time(s) of the Arbitration Hearing(s) after consultation with all parties and shall provide reasonable notice thereof to all parties or their representatives.

  • Hearing Upon receiving such written application for review, the Claims Administrator or Appeals Fiduciary, as applicable, may schedule a hearing for purposes of reviewing the claimant’s claim, which hearing shall take place not more than thirty (30) days from the date on which the Claims Administrator or Appeals Fiduciary received such written application for review.

  • Notice and Manner of Borrowing (a) Whenever the Borrowing Company desires to borrow money hereunder, it shall give the RTO prior written or facsimile request (or verbal request promptly confirmed in writing or by facsimile) of such borrowing or reborrowing (a "Request for Borrowing"). Such Request for Borrowing shall be given by an Authorized Person, to the RTO prior to 10:00 a.m. (Wilmington, Delaware time). Any Request for Borrowing received after 10:00 a.m. shall be deemed received on the next Business Day.

  • 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 joinder and consent of the Agent and the Borrower.

  • Deposit Inspection When DSI receives the Deposit Materials and the Exhibit B, DSI will conduct a deposit inspection by visually matching the labeling of the tangible media containing the Deposit Materials to the item descriptions and quantity listed on the Exhibit B. In addition to the deposit inspection, Preferred Beneficiary may elect to cause a verification of the Deposit Materials in accordance with Section 1.6 below.

  • Manner of Offering The Distributor will conform to the securities laws of any jurisdiction in which it sells, directly or indirectly, any Shares. The Distributor also agrees to furnish to the Trust sufficient copies of any agreements, plans or sales literature it intends to use in connection with any sales of Shares in adequate time for the Trust to file and clear them with the proper authorities before they are put in use, and not to use them until so filed and cleared. The Distributor shall have the right to accept or reject orders for the purchase of Shares. Any consideration that the Distributor may receive in connection with a rejected purchase order will be returned promptly to the prospective purchaser. The Trust or its transfer agent or shareholder servicing agent is authorized to confirm sales of Shares on behalf of the Distributor. The Trust shall register or cause to be registered all Shares sold by the Distributor pursuant to the provisions hereof in such name or names and amounts as the Distributor may request from time to time and the Trust shall issue or cause to be issued certificates evidencing such Shares for delivery to Distributor or pursuant to Distributor’s direction if and to the extent that the Trust contemplates the issuance of such share certificates. All Shares, when so issued and paid for, shall be fully paid and nonassessable.

  • Bankruptcy Court Matters Promptly, copies of all pleadings, motions, applications, and other documents filed by any Credit Party with the Bankruptcy Court or distributed by any Credit Party to the office of the United States Trustee or to any official committee of creditors or interest holders.

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final Order.

  • Bankruptcy Court Approval (a) Promptly after the date hereof, CTC shall file the Plan of Reorganization with the Bankruptcy Court in the form of Exhibit B hereto (the "POR") seeking, among other things, the entry of an order of the Bankruptcy Court (the "Bankruptcy Court Order") that authorizes the Merger and the related transactions contemplated by this Agreement and confirmation of the POR. The Bankruptcy Court Order and the POR must be in form and substance satisfactory to NCO; provided, however, that CTC may make non-material changes to the POR without the consent of NCO. Notwithstanding the foregoing and without limiting the foregoing materiality standard contained herein, CTC agrees that each of the following changes to the POR (and the Bankruptcy Court Order to the extent the same effectuates a change in the POR) shall be subject to the prior written approval of NCO: (i) any increases in the payments or distributions to be received by unsecured creditors or equity holders; (ii) any changes to any of the release provisions contained in the POR; (iii) the addition of any class of claims or equity interests, deletion of any class of claims or equity interests or the reclassification of an equity interest or claim; (iv) the assumption or rejection of executory contracts; (v) any changes to the conditions to the Effective Date of the POR or any deadlines relating to the entry of any orders, Confirmation Date or Effective Date under the POR; (vi) any change to the POR which would make the same inconsistent with the terms and provisions of this Agreement; (vii) any material change to the treatment or classification of the beneficiaries under the Litigation Trust; (viii) any changes affecting the Services Agreement or the ability to assume any existing servicing agreements and assignment of the same to NCOFS; or (ix) the treatment of the Secured Claim of Sunrock. Items (i) - (ix) above shall in no way be deemed a limitation on the "materiality" provision contained herein and NCO reserves its rights as to any other changes and as to whether the same are material.

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