Competing Bid and Other Matters. (a) Within seven days of the Agreement Date Sellers shall file with the Bankruptcy Court an application or motion seeking approval of (i) the Bidding Procedures Order and (ii) the form of this Agreement (a true and complete copy of which shall be attached to such application or motion without schedules) and the Sellers’ authority to enter into this Agreement (the “Sale and Bidding Procedures Motion”).
Competing Bid and Other Matters. (a) No later than two (2) days after the signing of this Agreement, the Sellers shall file with the Bankruptcy Court an application or motion seeking approval of (i) the Bidding Procedures Order (ii) the form of this Agreement and the Debtors' authority to enter into this Agreement and (iii) the Bid Protections (as defined below) (the “Bidding Procedures Motion”).
Competing Bid and Other Matters a. On the Petition Date, Sellers shall file with the Bankruptcy Court a Sale Motion seeking approval of the Bidding Procedures Order and the transactions contemplated in this Agreement (subject to higher or otherwise better offers).
Competing Bid and Other Matters. (a) On or prior to July 7, 2016, Seller shall file with the Bankruptcy Court the Sale Motion seeking approval of (i) the Bidding Procedures Order in form and substance reasonably satisfactory to Purchaser, (ii) the Sale Order in form and substance reasonably satisfactory to Purchaser, and (iii) the transactions contemplated in this Agreement (subject to higher or otherwise better offers).
Competing Bid and Other Matters. (a) No later than August 30, 2019, Sellers shall file with the Bankruptcy Court a motion seeking entry of the Bidding Procedures Order (the “Bidding Procedures Motion”) in a form approved by Purchaser and as contemplated by this Article VIII, which approval shall not be unreasonably withheld by Purchaser. No later than September 17, 2019, Sellers shall file with the Bankruptcy Court a motion seeking entry of the Sale Order (“Sale Motion”) in a form approved by Purchaser which approval shall not be unreasonably withheld by Purchaser.
Competing Bid and Other Matters. (a) The Petition Date shall occur within two (2) business days after this Agreement has been executed and delivered by Seller and Purchaser.
Competing Bid and Other Matters. If an Auction is conducted, and Purchaser is not the prevailing party at the conclusion of such Auction (such prevailing party, the “Prevailing Bidder”), Purchaser shall, if its bid is determined to be the next highest bid serve as a back-up bidder (the “Back-up Bidder”) and keep Purchaser’s bid to consummate the transactions contemplated by this Agreement on the terms and conditions set forth in this Agreement (as the same may be improved upon in the Auction) open and irrevocable until the earlier of (i) 5:00 p.m. (prevailing Eastern time) on the date which is 14 days after the date of the Sale Hearing (the “Outside Back-up Date”); provided, however, that notwithstanding the foregoing, in no event shall the Outside Back-up Date be later than September 30, 2016 or (ii) the date of closing of an Alternative Transaction with the Prevailing Bidder. Following the Sale Hearing and prior to the Outside Back-up Date, if the Prevailing Bidder fails to consummate the applicable Alternative Transaction as a result of a breach or failure to perform on the part of such Prevailing Bidder, the Back-up Bidder will be deemed to have the new prevailing bid, and Seller will be authorized, without further order of the Bankruptcy Court, to consummate the transactions contemplated by this Agreement on the terms and conditions set forth in this Agreement (as the same may be improved upon in the Auction) with the Back-up Bidder
Competing Bid and Other Matters. (a) This Agreement and the transactions contemplated hereby are subject to Seller’s right and ability to consider higher or better competing bids with respect to the Business and a material portion of the Purchased Assets pursuant to the Bidding Procedures Order (each, a “Competing Bid”). Following completion of the Auction, Seller shall not initiate contact with, solicit or encourage submission of any inquiries, proposals or offers by, any Person in connection with any sale or other disposition of the Purchased Assets. In addition, unless otherwise directed by the Bankruptcy Court, Seller shall not, after completion of the Auction, respond to or pursue any proposed Alternative Transaction or perform any other acts related thereto.
Competing Bid and Other Matters. (a) No later than two (2) days after the Execution Date, the Seller shall file with the Bankruptcy Court an application or motion seeking approval of the Bidding Procedures Order (the “Bid Procedures Motion”).
Competing Bid and Other Matters. (a) This Agreement and the transactions contemplated hereby are subject to approval of the Bankruptcy Court and Sellers’ right and ability to consider higher or better competing bids with respect to the Business and a material portion of the Purchased Assets pursuant to the Bidding Procedures Order (each a “Competing Bid”).
