Motion for Approval by Bankruptcy Court Sample Clauses

Motion for Approval by Bankruptcy Court. Mining Companies shall file a motion in their pending bankruptcy proceeding in the Bankruptcy Court (Case No. 2:19-bk-56885), pursuant to 11 USC § 363(b) and other applicable provisions of the United States Bankruptcy Code, seeking approval of this Agreement and the Coal Sterilization Agreement. The motion shall be accompanied by a proposed order that, when entered, would (i) authorize or approve the execution and implementation of the Agreement and the Coal Sterilization Agreement by Mining Companies, and (ii) require that any sale, transfer, or conveyance of any mineral interest or other property interest under or in the Restricted Mining Area shall be made subject to, and not free and clear of the terms and conditions of the Coal Sterilization Agreement. Prior to filing the motion and proposed order, Mining Companies shall provide the form of such motion and proposed order to Pipeline Operators for their review and approval. Following issuance of an order by the Bankruptcy Court (in a form reasonably acceptable to the Pipeline Operators) approving this Agreement and the Coal Sterilization Agreement and expiration of any period allowed for taking an appeal, including the 14-day appeal period specified in Federal Rule of Bankruptcy Procedure 8002(a)(1), Mining Companies shall provide notice to the Pipeline Operators by email, as specified in Section 15 below, either (a) that no appeal from the order has been filed or (b) if an appeal has been filed, that it is finally resolved and not subject to further appeal (“Finality Notice”). In the event that the Bankruptcy Court denies or does not approve the motion to approve this Agreement and the Coal Sterilization as provided herein on or before July 31, 2020, this Agreement and the Coal Sterilization Agreement shall be void and of no effect. The Parties may extend the July 31, 2020 termination date by written agreement signed by all Parties.
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Related to Motion for Approval by Bankruptcy Court

  • Bankruptcy Court Approval (a) Sellers shall use all commercially reasonable efforts to obtain Bankruptcy Court approval of the Sale Order which, among other things, will contain findings of fact and conclusions of law (i) finding that this Agreement was proposed by the parties in good faith and represents the highest and best offer for the Purchased Assets; (ii) finding that Purchaser is a good faith purchaser under Section 363(m) of the Bankruptcy Code and that the provisions of Section 363(n) of the Bankruptcy Code have not been violated; (iii) authorizing and directing Sellers to consummate the transaction contemplated by this Agreement and sell only the Purchased Assets to Purchaser pursuant to this Agreement and Sections 363 and 365 of the Bankruptcy Code, free and clear of all Encumbrances (including any and all “interests” in the Purchased Assets within the meaning of Section 363(f) of the Bankruptcy Code), other than the Assumed Liabilities and the Permitted Encumbrances, such that Purchaser shall not incur any liability as a successor to the Business; (iv) authorizing and directing Sellers to execute, deliver, perform under, consummate and implement, this Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the foregoing; (v) finding that Purchaser is not a successor in interest to Sellers or otherwise liable for any Retained Liability, (vi) finding that Purchaser’s acquisition of the Purchased Assets and assumption of the Assumed Liabilities does not reflect a significant continuity of the business of Sellers and permanently enjoins each and every holder of a Retained Liability from commencing, continuing or otherwise pursuing or enforcing any remedy, claim or cause of action against Purchaser relative to such Retained Liability; (vii) finding that the sale of the Purchased Assets does not constitute a sub xxxx plan of reorganization; and (viii) directing Sellers, at the direction of the Purchaser, to immediately consummate the sale of the Purchased Assets without awaiting the expiration of any applicable time period for appealing the Sale Order.

  • Application for approval 3.1. The application for approval of a vehicle type with regard to braking shall be submitted by the vehicle manufacturer or by his duly accredited representative.

  • Motion for Preliminary Approval The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • PROCEDURE FOR APPROVAL OF SETTLEMENT 28. Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent.

  • Approval/Non-Approval We will notify you whether your Application has been approved or denied within 14 days after the date we receive a completed Application. Notification may be in person or by mail or telephone unless you have requested that notification be by mail. You must not assume approval until you receive actual notice of approval. The 14-day time period may be changed only by separate written agreement.

  • PRELIMINARY APPROVAL OF SETTLEMENT 3. Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A. RELEASE OF CLAIMS

  • Court Approval This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.

  • Final Approval Order 62. The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal.

  • Application Approval Our representative will notify you (or one of you, if there are co-applicants) of the Application approval, execute the Lease agreements for signature prior to occupancy, and, once complete, credit the application deposit of all applicants toward the required security deposit.

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