Bid Procedures Order Sample Clauses

Bid Procedures Order. The Bid Procedures Order shall provide, among other things, that: (i) Within two (2) Business Days after the entry of the Bid Procedures Order (the “Mailing Date”), the Seller shall serve a copy of the Bid Procedures Order and a notice of sale, approved by the Bankruptcy Court by first-class mail, postage prepaid, upon: all Persons known to have expressed an interest in a transaction with respect to the Assets or a portion thereof during the past six (6) months; all entities known to have asserted any Encumbrance or interest in the Assets; all non-Seller parties to the Assigned Agreements; the United States Trustee; and counsel to an Official Creditors’ Committee, if one has been appointed (or if no counsel has been retained, then on the members of such committee); all other known creditors and equity security holders of the Seller; all Persons that have requested special notice in the Bankruptcy Case; and all other Persons as directed by the Bankruptcy Court; (ii) On or before the Mailing Date, the Seller shall serve on all non-Seller parties to the Assigned Agreements a notice of cure amount (the “Cure Notice”) stating as to each the Cure Amount necessary, if any, to cure defaults and compensate the non-Seller party under Section 365 of the Bankruptcy Code in order for the Seller to assume and assign the Assigned Agreements. The non-Seller party to an Assigned Agreement shall have until 4:00 p.m. Central Time five (5) Business Days prior to the Sale Hearing (the “Contract Objection Deadline”) to file with the Bankruptcy Court and serve its objection on any grounds to the assumption or assignment of any Assigned Agreement to which it is a party or to the amount or terms of payment of the Cure Amount, and shall state the grounds for its objection with specificity (with appropriate documentation in support thereof), including what alternative Cure Amount it contends is required. Such objections shall be served so as to be actually received by counsel for the Seller and counsel for the Buyer on or before the Contract Objection Deadline. If no objection is timely received, the Cure Amount set forth in the Cure Notice shall be controlling, notwithstanding anything to the contrary in any Assigned Agreement or any other document, and each non-Seller party to an Assigned Agreement that has received actual or constructive notice of the Cure Objection Deadline shall be deemed (x) to have waived and released any right to assert an objection to the Cure Amount set fo...

Bid Procedures Order. If the Bid Procedures Order shall not have been entered by the Bankruptcy Court on or before February 19, 2010, or if the Bankruptcy Court has entered an order modifying, reversing, vacating, staying, restraining or enjoining the Bid Procedures Order;

Bid Procedures Order. This Agreement is subject to procedures set forth in the Bid Procedures Order and the consideration by Seller of higher or better competing bids in respect to all or any part of the Purchased Assets in accordance with the Bid Procedures Order (each a “Competing Bid”). From the date hereof (and any prior time) until the transaction contemplated hereby is consummated, Seller is permitted to and to cause its representatives to initiate contact with, solicit or encourage submission of any inquiries, proposals or offers by, any Person (in addition to Buyer and its affiliates and representatives) in connection with a Competing Bid, including, to (and to cause its representatives and affiliates to) respond to any inquiries or offers to purchase all or any part of the Purchased Assets (including supplying information relating to the Business and the asset of Seller to prospective purchasers).

Bid Procedures Order. To the extent not entered prior to the Effective Date, the parties will use their respective good faith and commercially reasonable efforts to cause the Bankruptcy Court to enter an order granting the Bid Procedures Motion (the “Bid Procedures Order”) or otherwise approve the Breakup Fee.

Bid Procedures Order. The Bid Procedures Order shall have been entered by the Bankruptcy Court no later than November 13, 2015.

Bid Procedures Order. On or prior to December 10, 2009 or such later date approved by the Bankruptcy Court (but in no event later than December 17, 2009), the Court shall enter a preliminary order, which, among other things, shall schedule an auction of the Assets and grant Agent the bid protection, Breakup Fee and Expense Reimbursement set forth in Section 19 hereto (the “Bid Procedures Order”).

Bid Procedures Order. Exhibit A to the Acquisition Agreement is replaced in its entirety with Exhibit A to this letter agreement.

Bid Procedures Order. The Bankruptcy Court shall have entered the Bid Procedures Order, and such order shall have approved the Break-Up Fee.

Bid Procedures Order. Acquiror and Seller agree that Seller may inform any and all interested parties that it intends to submit this Agreement to the Bankruptcy Court and that any and all other bids or offers with respect to the Business must be presented to Seller in accordance with the procedures and deadlines set forth in such global bid procedures as were ordered by the Bankruptcy Court by Order dated October 10, 2001 (the "Bid Procedures Order"). If Seller receives any other bids or offers pursuant to the Bid Procedures Order, it will promptly provide Acquiror with a copy of the same.