Settlement Motion Sample Clauses
A Settlement Motion clause outlines the procedure by which parties can formally request the court to approve a settlement agreement during ongoing litigation. Typically, this clause specifies the timing, required documentation, and notice to other parties or the court before a motion for settlement can be filed. Its core function is to provide a clear and orderly process for resolving disputes without proceeding to trial, thereby saving time and resources for both the parties and the court.
Settlement Motion. Within five business days after the Execution Date, the Debtors will file a motion with the Bankruptcy Court pursuant to sections 363, 365 and 502 of the Bankruptcy Code and Rule 9019 of the Federal Rules of Bankruptcy Procedure (the “Settlement Motion”) seeking an Order of the Bankruptcy Court in form and substance acceptable to both Dana and Affinia (the “Approval Order”) to approve this Settlement Agreement and grant related relief. The Parties will use reasonable commercial efforts to obtain entry of the Approval Order prior to the Effective Date (as such term is defined in the Plan). The date that the Approval Order is entered is referred to herein as the “Approval Date.”
Settlement Motion. Disclosure Exhibits and Schedules
Settlement Motion. Within five (5) business days after the execution of this Agreement, the Plan Administrator shall file a motion pursuant to Bankruptcy Rule 9019 with the court, seeking entry of an order approving this Agreement (the “Settlement Approval Order”).
Settlement Motion. The Debtor shall prepare and file a motion seeking the approval of this Agreement pursuant to Federal Rule of Bankruptcy Procedure 9019 (the “Settlement Motion”). The Debtor shall provide a draft of the Settlement Motion and the proposed form of Approval Order to Lender for its review and approval prior to filing. The Settlement Motion and Approval Order shall be in a form and substance acceptable to Lender and the Trustee. The Settlement Motion shall be set for hearing prior to March 20, 2014, and Approval Orders in a form and substance acceptable to Lender and the Trustee shall be entered by March 31, 2014.
Settlement Motion. (a) Within ten (10) Business Days after the execution and delivery of this Master Agreement by the parties hereto, the parties shall file the Settlement Motion, in form and substance reasonably satisfactory to both parties, seeking entry of the Scheduling Order and the Settlement Approval Order.
(b) Both parties shall propose and submit to the Bankruptcy Court the Scheduling Order, in form and substance reasonably satisfactory to each party, that (i) schedules the Settlement Hearing and deadlines for filing and service of objections and responses to the relief requested in the Settlement Motion, and (ii) approves the form, manner and sufficiency of notice of the Settlement Motion and Settlement Hearing to be given and published in a manner reasonably acceptable to both parties. The parties shall request the Bankruptcy Court to waive the ten (10) day notice of appeal period under Rule 6004 (g).
(c) The parties shall propose and submit to the Bankruptcy Court a motion for the Settlement Approval Order, which shall:
(i) approve this Master Agreement, the Reciprocal Annex Agreements, and any remaining agreements comprising the Settlement, which shall be annexed to the Motion in substantially final form (except for the Exhibits and Schedules which shall not be finalized and ready for filing until the Disclosure Approval Date), as agreed to by the parties, and all of the terms and conditions hereof and thereof, and approve and authorize the parties to consummate the transactions contemplated hereby and thereby;
(ii) approve the validation of the ACC Assets and TelCove Assets pursuant to the Asset Reconciliation Agreement;
(iii) provide that the ACC Acquired Assets shall be transferred to the ACC Parties free and clear of all Liens and Liabilities, subject to payment by the TelCove Parties of the TelCove Cure Amounts, and by the ACC Parties of the ACC Assumed Liabilities;
(iv) provide that the TelCove Acquired Assets shall be transferred to the TelCove Parties free and clear of all Liens and Liabilities, subject to payment by the ACC Parties of the ACC Cure Amounts, and by the TelCove Parties of the TelCove Assumed Liabilities;
(v) find that TelCove and ACC have acted in good faith within the meaning of Section 363(m) of the Bankruptcy Code and, as such, are entitled to the protections afforded thereby;
(vi) find that this Master Agreement and the Reciprocal Annex Agreements were negotiated, proposed and have been or will be entered into by the parties without co...
Settlement Motion. (a) Within four (4) Business Days after the execution and delivery of this Global Agreement by the parties hereto, the parties shall file the Settlement Motion seeking entry of the Scheduling Order and the Settlement Approval Order. The Scheduling Motion, the Settlement Order and the Settlement Approval Order (and any changes thereto) shall be in form and substance satisfactory to both parties. The parties shall request the Bankruptcy Court to waive the ten (10) day notice of appeal period under Rule 6004 (g).
(b) Both parties shall cooperate with filing and prosecuting the Settlement Motion and any appropriate amendments thereto, and obtaining entry of the Scheduling Order and the Settlement Approval Order, and the parties shall exchange prior to filing, and as early in advance as is practicable to permit adequate and reasonable time for each party and its counsel to review and comment, copies of all proposed pleadings, motions, notices, statements, schedules, applications, reports and other papers to be filed in connection with the Settlement Motion and the relief requested therein.
(c) Each party shall give and publish notice of the Settlement Motion and Settlement Hearing as required by the Scheduling Order.