The Cases. (i) No trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code or examiner with expanded powers beyond those set forth in Section 1106(a)(3) and (4) of the Bankruptcy Code shall have been appointed in any of the Cases.
The Cases. Each Party to this Agreement hereby agrees to take all action necessary or appropriate to dismiss the Cases (defined below), any pending motions in the Cases (defined below), or any appeals of the Cases (defined below), and in effecting the terms of this Agreement. The releases set forth in this Agreement represent material consideration for each other and represent material consideration for the Parties entering into this Agreement and are only intended to have effect if the releases are mutual. The Parties mutually agree that the Parties would not have entered into this Agreement except upon their receiving the mutual releases set forth herein. Notwithstanding anything contained in this Agreement to the contrary, no release contained in this Agreement shall release Lawbaugh nor any family members of Lawbaugh nor Brian Smith from any xxxxxx xhat may arise after the disxxxxxx xf the Xxxxx, xx any claim objecting to Lawbaugh's discharge in a bankruptcy case, or any claims against Lawbxxxx xx xx discharge is granted to him. For purposes of this Agrexxxxx, xhe term "Cases" shall mean each of the following legal actions: o In re John Lawbaugh, Bankruptcy Case No. 03-16060, U.S. Bxxxxxxxxx Xxxrt, District of Maryland (the "Bankruptcy Case"). With respect to the Bankruptcy Case, each Party agrees that the dismissal of this case shall be requested promptly upon disposition of the fee motions in such case and such other motions necessary to carry out the intent of the provisions hereof.
The Cases. (a) The Cases were commenced on the Petition Date in accordance with applicable law and proper notice thereof and the proper notice for (i) the motion seeking approval of this Agreement and the Other Documents and the Interim Order and Final Order, (ii) the hearing for the entry of the Interim Order, and (iii) the hearing for the entry of the Final Order has been or will be given. Credit Parties shall give, on a timely basis as specified in the Interim Order or the Final Order, as applicable, all notices required to be given to all parties specified in the Interim Order or Final Order, as applicable.
