Examples of APA Assets in a sentence
IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT Defendants shall not, by using or enforcing license agreements existing at the Date of Divestiture or otherwise impair, impede or interfere with Facts and Comparisons’ access to information necessary to operate the APA Assets.
Pending divestiture of the APA Assets, Defendants shall take such actions as are reasonably necessary to maintain the viability and marketability of the APA Assets, and to prevent the destruction, removal, wasting, deterioration, sale, disposition, transfer or impairment of any of the assets, except for ordinary wear and tear.
Notwithstanding anything to the contrary herein, the DIP Lender and/or Pre-Petition Lender or their assigns, shall not be required to submit any materials or comply with the foregoing Credit Bid requirements in order to be authorized to participate in the Auction or submit a bid for any of the Assets or APA Assets.
The APA represents the results of extensive arms- length negotiations conducted by the Debtor to obtain the highest and best offer for the APA Assets.
After the sale of the APA Assets, the Debtor will no longer be operating and the Rejected Contracts will merely represent potential administrative burn to the Debtor’s estate.
The Challenge Period became moot pursuant to the global settlement reached among the Debtor, Committee, the Purchaser (defined below), Term Lenders, White Deer, and White Deer Lender pursuant to the Order (I) Approving Sale of the APA Assets Free and Clear of All Non-Assumed Liens, Claims, Encumbrances and Interest, (II) Approving the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases and (III) Granting Related Relief [Docket No. 322] (the “Sale Order”).
The Monitor shall have full and complete access, subject to any legally recognized privilege of Defendants, to Defendants’ personnel, books, records, documents, facilities and technical information relating to the APA Assets, or to any other relevant information relating to Defendant FDB’s products, as the Monitor may reasonably request.
Within three (3) days of the entry of this Final Order, Defendants shall divest the APA Assets, as an ongoing business, by closing on the APA in a manner consistent with this Final Order, absolutely and in good faith, to Lippincott.
Funding is not guaranteed for an application regardless of history of funding.
After due deliberation and investigation, the Proposed Purchaser determined to purchase the APA Assets and specifically excluded certain of the Debtor’s equipment leases and other contracts.