Examples of CCE Purchase Agreement in a sentence
The failure to include or reference any particular provisions of the CCE Purchase Agreement or the Transaction Documents in this Order shall not diminish or impair the effectiveness of such provision, it being the intent of the Court that the CCE Purchase Agreement, as amended, be authorized and approved in its entirety.
The Purchaser's claim for breach of the CCE Purchase Agreement shall constitute, in the amount allowed, an allowed administrative claim with the priority afforded pursuant to section 507(a)(1) of the Bankruptcy Code.
The respective obligations of each Party to consummate the transactions contemplated by this Agreement at the Closing Date shall be subject to (i) the CCE Purchase Agreement being in full force and effect and (ii) all conditions to closing under the CCE Purchase Agreement having been satisfied, other than the delivery of any closing items designated under Section 2.4 of the CCE Purchase Agreement.
Each of the Debtors' and the Sellers' direct and indirect subsidiaries shall take all actions or refrain from taking all actions necessary for the full effectuation of this Order and the transactions provided for and contemplated by the CCE Purchase Agreement.
The terms and conditions of the CCE Purchase Agreement, as amended, and the Purchase Price to be paid to the Sellers by the Purchaser (i) are fair and reasonable, (ii) represent the highest or best offer for the Equity Interest, and (iii) constitute fair consideration for the Equity Interest.
GONZALEZ UNITED STATES BANKRUPTCY JUDGE _____________________________ 1 All capitalized terms used, unless otherwise defined herein, shall have the meanings set forth in the Motion or in the CCE Purchase Agreement (as that term is defined herein).
Subject to the provisions of paragraph 8 below, all proceeds received from the consummation of the CCE Purchase Agreement shall be held by the Sellers and the Sellers shall neither use nor distribute such proceeds until the earlier to occur of (i) consent of the Creditors' Committee to the release of such proceeds; and (ii) further order of the Court.
None of the parties to the CCE Purchase Agreement has engaged in any conduct that would cause or permit the CCE Purchase Agreement to be avoided (or the validity of the transactions contemplated therein and in the Transaction Documents affected) under section 363(n) of the Bankruptcy Code or any other provision of the Bankruptcy Code.
The Purchaser has acted and will be acting in good faith within the meaning of section 363(m) of the Bankruptcy Code in closing the transactions contemplated by the CCE Purchase Agreement, as amended, at all times after the entry of this Order.
The transactions contemplated pursuant to the CCE Purchase Agreement do not amount to a consolidation, merger or DE FACTO merger of the Purchaser and the Sellers or their estates.