Bidding Procedures Order. The Bankruptcy Court shall have entered the Bidding Procedures Order, and such Order shall not have been stayed, vacated or modified.
Bidding Procedures Order. The Bidding Procedures Order (i) shall not have been voided, reversed or vacated or subject to a stay and (ii) shall not have been amended, modified or supplemented in any way, subject only to immaterial clarifications, without Buyer’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
Bidding Procedures Order. The Bidding Procedures Order (i) shall not have been stayed, modified, amended, dissolved, revoked or rescinded without Purchaser's consent and (iii) shall be in full force and effect on the Closing Date.
Bidding Procedures Order. Sellers shall in connection with the sale of the Target Assets advertise to the public in a commercially reasonable manner as required by the Bankruptcy Code or as shall be directed by the Bankruptcy Court following a preliminary hearing on the Sale Motion (the “Bidding Procedures Hearing”) and the entry of an order in the Bankruptcy Cases approving procedures for solicitation and consideration by the Bankruptcy Court of bids from third parties for the Target Assets (the “Bidding Procedures Order”) considered at such Bidding Procedures Hearing. The Bidding Procedures Order shall be in a final form reasonably acceptable to Sellers and Purchaser, shall be entered by the Bankruptcy Court no later than twenty-one (21) days following the filing of the Sale Motion, and in any event shall:
Bidding Procedures Order. Schedule 1.1(a) - Real Property Schedule 1.1(b) - Owned Machinery and Equipment Schedule 1.1(c) - Acquired Contracts Schedule 1.1(e) - Inventory and Inventory Locations Schedule 1.1(f) - Supplies and Supply Locations Schedule 1.1(g) - Acquired Intellectual Property Schedule 1.1(i) - Information Technology Owned, Leased or Licensed Schedule 1.1(j) - Permits Schedule 1.2(a) - Excluded Assets Schedule 1.2(f) - Excluded Contracts Schedule 1.2(k) - Miscellaneous Excluded Assets Schedule 1.3 - Assumed Liabilities Schedule 1.3(d) - Real and Personal Property Taxes Schedule 1.3(e) - Payroll Liabilities Schedule 1.3(g) - Mechanics Liens Schedule 1.6(b) - Cure Costs Schedule 1.7 - Transition Services Assets Schedule 1.8 - Nonoperating Assets Schedule 4.1(d)(i) - WSC Reports not Filed Schedule 4.1(f) - Subsidiaries Schedule 4.1(g) - Sellers Consents and Approvals Schedule 4.1(h) - Compliance with Laws Schedule 4.1(i) - Litigation Schedule 4.1(k)(i) - Overdue Intellectual Property Fees Schedule 4.1(k)(ii) - Violations of Intellectual Property Schedule 4.1(k)(iii) - Claims and Investigations of Intellectual Property Schedule 4.1(m) - Permit Violations Schedule 4.1(n) - Contract Actions; Invalid Contracts Schedule 4.1(o) - Environmental Matters Schedule 4.1(p) - Insurance Schedule 4.1(q) - Real Property Matters Schedule 4.1(r) - Accounts Receivable Schedule 4.1(s) - Inventories Schedule 4.1(t) - Absence of Certain Changes Schedule 4.1(w) - Status under DIP Agreement and Certain Senior Debt Schedule 4.2(e) - Buyer's Consents and Approvals Schedule 4.2(h) - Litigation Schedule 5.1(a) - Exceptions to Sellers Conduct of Business AMENDED AND RESTATED ASSET PURCHASE AGREEMENT
Bidding Procedures Order. The Bankruptcy Court shall have entered the Bidding Procedures Order, which Order shall have become a Final Order.
Bidding Procedures Order. The Bankruptcy Court shall have entered an order in the form of the Bidding Procedures Order no later than April 15, 2010;
Bidding Procedures Order. Each Buyer shall comply with the Bidding Procedures Order, including with respect to serving as a “Backup Bidder” (as defined therein).
Bidding Procedures Order. As part of the Sale Motion, Sellers have obtained an order (the “Bidding Procedures Order”) attached hereto and incorporated herein as Exhibit H which approves the bidding procedures (the “Bidding Procedures”) set forth therein.
Bidding Procedures Order. Sellers and Purchaser hereby find acceptable and approve of the bidding procedures order, including the bidding procedures attached thereto as Exhibit A, entered by the Bankruptcy Court on January 13, 2005 and annexed hereto as EXHIBIT 2 (the "BIDDING PROCEDURES ORDER"). The Bidding Procedures Order sets forth, among other things, the earliest available date for a hearing to approve the sale of the Assets (the "SALE HEARING") and authorizes Sellers to conduct an auction (the "AUCTION") of the Assets in the event that qualified bids are received for the sale of the Assets in accordance with the Bidding Procedures Order and setting a date for such Auction.
