Common use of Competing Bid and Other Matters Clause in Contracts

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”).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Green Plains Inc.), Asset Purchase Agreement (Green Plains Inc.)

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Competing Bid and Other Matters. (a) Within seven days of the Agreement Date 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”); provided, that such application or motion and all exhibits thereto shall be in form and substance acceptable to Purchaser, in its sole discretion.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dakota Plains Holdings, Inc.)

Competing Bid and Other Matters. (a) Within seven two business days of following the Agreement Date Sellers Petition Date, Seller 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”); provided, that such application or motion and all exhibits thereto shall be in form and substance acceptable to Purchaser, in its sole discretion.

Appears in 1 contract

Samples: Asset Purchase Agreement (Orchard Supply Hardware Stores Corp)

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Competing Bid and Other Matters. (a) Within seven days of two (2) Business Days following the Agreement Date Date, Sellers shall file with the Bankruptcy Court an application or motion seeking approval entry of (i) the Bidding Procedures Order Order, which shall, among other things, approve the payment of the Expense Reimbursement on the terms set forth herein 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 Sale Order (the “Sale and Bidding Procedures Motion”). Such application or motion and all exhibits thereto shall be in form and substance acceptable to Purchaser, in its sole discretion.

Appears in 1 contract

Samples: Asset Purchase Agreement (Paperweight Development Corp)

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