363 Motion Sample Clauses
363 Motion. Sellers shall file an amended motion (the "363 Motion") ---------- ---------- to obtain from the Court (a) on an expedited basis, a bidding procedures order (the "Bidding Procedures Order") in form and substance reasonably acceptable to ------------------------ Buyer, providing, among other things, for the break-up fee described in Section ------- 4.2 below, and sale/auction procedures, including minimum overbid requirements --- and (b) approval of the transactions contemplated hereby.
363 Motion. No later than three Business Days following the date hereof, ---------- Seller shall file a motion (the "363 Motion") to obtain from the Court (a) on an ---------- expedited basis, a bidding procedures order (the "Bidding Procedures Order") in ------------------------ form and substance reasonably acceptable to Buyer, providing, among other things, for sale/auction procedures, including minimum overbid requirements, (b) approval of the transactions contemplated hereby, and (c) providing that the Break-Up Fee (as hereinafter defined) shall be payable as set forth in Section ------- 4.2
(a) Seller shall file the 363 Motion and shall seek entry of the Bidding ------ Procedures Order even if Seller receives an overbid prior to the hearing on the 363 Motion.