Bankruptcy Conditions Sample Clauses

Bankruptcy Conditions. (a) The 363 Order and 365 Order shall have been entered by the Bankruptcy Court in accordance with this Agreement and otherwise reasonably acceptable to Purchaser. Any motion for rehearing or reconsideration of the 363 Order or 365 Order shall have been denied or withdrawn.
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Bankruptcy Conditions. The 363 Order and 365 Order shall have been entered by the Bankruptcy Court. Any motion for rehearing or reconsideration of the 363 Order or 365 Order shall have been denied or withdrawn. The time allowed for appeals of the 363 Order or 365 Order shall have expired without any appeal having been taken or, if the 363 Order or 365 Order shall have been appealed, no stay shall be in effect.
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Bankruptcy Conditions. (A) The Interim Order shall have been entered by the Bankruptcy Court in form and substance satisfactory to the Agent,approving the transactions contemplated hereby and granting a first priority perfected Lien and security interest in the Collateral subject only to the Carve-Out Expenses up to the Carve-Out Amount;
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Bankruptcy Conditions. (a) Unless the parties otherwise agree, the Seller shall file or cause to be filed (such filing date shall be referred to as the “Sale Motion Filing Date”) with the Bankruptcy Court a motion (the “Sale Motion”) seeking (i) approval of an order (the “Bidding Procedures Order”) that provides for the conduct of the sale of the Sold Assets in accordance with the bidding procedures that will contain such provisions described more fully on Exhibit 5.16(a)(i) (the “Bidding Procedures”); (ii) to schedule a hearing (the “Sale Hearing”) for the approval of the sale of the Sold Assets pursuant to the terms and conditions of this Agreement and deadlines for filing and service of objections and responses to the relief requested in the Sale Motion; (iii) to approve the form, manner and sufficiency of notice of the Sale Motion and Sale Hearing to be given and published by the Seller; and (iv) entry of an non-appealable order (the “Sale Order”) that: (1) approves the sale of the Sold Assets in accordance with the terms and conditions of this Agreement, (2) authorizes and requires the Seller to sell the Sold Assets pursuant to 11 U.S.C. § 363(b) and pursuant to and in accordance with the terms of this Agreement free and clear of all liens, claims and encumbrances, whether arising pre-petition or post petition, and (3) finds that the Buyer is a good faith purchaser pursuant to 11 U.S.C. § 363(m). The Sale Order shall be in the form attached as Exhibit 5.16(a)(iii), with only such changes as are mutually agreed upon by Buyer and Seller. If this Agreement is filed with the Bankruptcy Court it will be filed without attaching the Exhibits and Schedules.
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Bankruptcy Conditions. (i) The Sale Order, in form and substance reasonably satisfactory to the Purchaser, incorporating the terms of this Agreement, shall be in full force and effect and shall not have been reversed, vacated or stayed and shall not have been amended, supplemented or otherwise modified without the prior written consent of the Purchaser (which consent may be withheld in its sole discretion) (i) authorizing and approving the transactions contemplated by this Agreement, including (X) the sale of the Assets free and clear of all liens, claims and encumbrances pursuant to section 363(f) of the Bankruptcy Code other than any liens, claims or encumbrances permitted by this Agreement, and (Y) the assumption and assignment to the Purchaser pursuant to section 365 of the Bankruptcy Code all of the Contracts, (ii) finding that the Purchaser is entitled to the protections afforded under section 363(m) of the Bankruptcy Code and granting such protection to the fullest extent under section 363(m) of the Bankruptcy Code, and (iii) enjoining all persons from asserting any claims which they have, or may have, against any of the Sellers, against the Purchaser (other than any such claims expressly assumed by the Purchaser) based upon successor liability or any other legal theories; and
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Bankruptcy Conditions. (i) The Confirmation Order, approving this Agreement and the other Transaction Documents, authorizing Apex and Service Company to enter into and perform their respective obligations hereunder and under the other Transaction Documents, assign their right, title and interest in this Agreement to Reorganized Apex and containing the general releases contemplated hereunder, in form and substance, reasonably satisfactory to Sumitomo, shall have been entered on the Bankruptcy Court’s docket by the Clerk of the Bankruptcy Court and such order shall have become a Final Order and (ii) the conditions precedent to the occurrence of the effective date of the Plan shall have occurred.
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Bankruptcy Conditions. Purchaser understands that this Agreement must be submitted to and approved by the Bankruptcy Court as a 363 Sale under applicable provisions of the Bankruptcy Code by Order before settlement actually occurs. Purchaser further understands that approval of this sale can only be obtained upon Notice to Creditors and Parties-in-Interest which will disclose the terms of the offer including price which becomes public knowledge upon filing; and
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Bankruptcy Conditions. Each of the following shall have occurred:
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Related to Bankruptcy Conditions

  • Emergency Conditions “Emergency Condition” shall mean a condition or situation: (1) that in the judgment of the Party making the claim is imminently likely to endanger life or property; or (2) that, in the case of the Transmission Provider, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to the Transmission System, the Transmission Owner’s Interconnection Facilities or the Transmission Systems of others to which the Transmission System is directly connected; or (3) that, in the case of the Interconnection Customer, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to, the Small Generating Facility or the Interconnection Customer’s Interconnection Facilities. Under Emergency Conditions, the Transmission Owner may immediately suspend interconnection service and temporarily disconnect the Small Generating Facility. The Transmission Provider shall notify the Interconnection Customer promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the Interconnection Customer’s operation of the Small Generating Facility. The Interconnection Customer shall notify the Transmission Provider promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the Transmission Owner’s Transmission System or other Affected Systems. To the extent information is known, the notification shall describe the Emergency Condition, the extent of the damage or deficiency, the expected effect on the operation of both Parties’ facilities and operations, its anticipated duration, and the necessary corrective action.

  • Termination Conditions This Agreement terminates upon the earlier of any of the following events: 18.1. Podmínky ukončení platnosti smlouvy Platnost této smlouvy skončí, jakmile nastane kterákoliv z následujících událostí:

  • ELIGIBILITY CONDITIONS The eligibility conditions specified in Adoption Agreement Section 2.01 are effective for Plan Years beginning after _______________________.

  • Prior Conditions Satisfied All conditions set forth in §10 shall continue to be satisfied as of the date upon which any Loan is to be made or any Letter of Credit is to be issued.

  • Fulfillment of Conditions Purchaser (a) shall take all commercially reasonable steps necessary or desirable and proceed diligently and in good faith to satisfy each other condition to the obligations of Seller contained in this Agreement, and (b) shall not, and shall not permit any of its Affiliates to, take or fail to take any action that would reasonably be expected to result in the non-fulfillment of any such condition.

  • Test conditions 6.1.1. The test shall be performed on a flat, dry concrete or asphalt surface affording good adhesion.

  • SUPERIOR CONDITIONS 21.01 All existing benefits, rights, privileges, practices, terms or conditions of employment which may be considered to be superior to those contained herein and which are set out in Appendix 4 are specifically retained by this Agreement unless otherwise agreed by the local parties. The parties agree to remove from Appendix 4 those superior conditions which no longer have application. Where the parties cannot agree on whether a superior condition continues to have application, the issue will be reduced to a grievance and referred to arbitration.

  • Warranty Conditions All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell, or an authorized dealer, distributor or manufacturer for all products offered for sale to TIPS Members. All equipment proposed shall be new unless clearly stated in writing. Customer Support The Vendor shall provide timely and accurate customer support to TIPS Members. Vendors shall respond to such requests within one (1) working day after receipt of the request. Vendor shall provide training regarding products and services supplied by the Vendor unless otherwise clearly stated in writing at the time of purchase. (Unless training is a line item sold or packaged and must be purchased with product.)

  • Adverse Weather Conditions Except in emergency situations, the Employer shall not require an employee:

  • Property Condition Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear, from the time this Agreement comes into effect until the Closing. Buyer recognizes that the Seller, along with any licensed real estate agent(s) involved in this transaction, make no claims as to the validity of any property disclosure information. Buyer is required to perform their own inspections, tests, and investigations to verify any information provided by the Seller. Afterward, the Buyer shall submit copies of all tests and reports to the Seller at no cost.

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