Interim and Final Orders Clause Samples

Interim and Final Orders. The Interim Order and the Final Order shall each have been obtained in form and terms reasonably satisfactory to each of Newcourt and CIT, and shall such orders not have been set aside or modified on appeal or otherwise in a manner which is not reasonably acceptable to such parties.

Interim and Final Orders. As soon as reasonably practicable following the execution and delivery of this Agreement, and in any event no later than seven business days from the date hereof, E&C will apply to the Court pursuant to Section 291 of the Act for the Interim Order, such order to be on terms acceptable to Parent, Acquisitionco and E&C, each acting reasonably, providing for, among other things: (a) notice of intended exercise of any Dissent Rights to be provided to E&C no later than 4:00 p.m. (Vancouver time) on the date which is 48 hours prior to the date of the Meetings; (b) the Arrangement be subject to the approval of a majority in number and 3/4 in value of the E&C Creditors present and voting, either in person or by proxy, at the Meeting of E&C Creditors to be held to consider the Arrangement Resolution, or otherwise voting in the manner directed by the Court; (c) the Arrangement be subject to the approval of two-thirds of the votes cast in respect of the Arrangement Resolution by the E&C Common Shareholders, present in person or by proxy and entitled to vote at the Meeting, or otherwise voting in the manner directed by the Court; (d) the Arrangement be subject to the unanimous written consent of the holders of Preferred Shares, series A in the capital of E&C; (e) the Arrangement be subject to the unanimous written consent of the holders of Class A Preferred Shares, in the capital of E&C; and (f) the Arrangement be subject to the unanimous written consent of the E&C Warrantholders. E&C shall, subject to obtaining the approvals as contemplated by the Interim Order, and as may be directed by the Court in the Interim Order, take all steps necessary or desirable to submit the Arrangement to the Court and apply for the Final Order approving the Arrangement, such order to be on terms acceptable to Parent, Acquisitionco and E&C, each acting reasonably. E&C agrees to consult with Parent and its advisors in connection with all applications to the Court, and to permit Parent and its counsel to review and comment upon drafts of all materials to be filed by E&C with the Court in connection with the Arrangement prior to the delivery and filing of such materials, and to give reasonable consideration to such comments and all information regarding the Arrangement, Parent and Acquisitionco. E&C also agrees to provide to counsel to Parent on a timely basis copies of any notices of appearance and evidence delivered to E&C or its counsel in respect of the application for the Final Order o...

Interim and Final Orders. The Interim Order and the Final Order shall have been granted on terms acceptable to the Parties, each acting reasonably, and shall not have been set aside or modified in a manner unacceptable to the Parties, each acting reasonably.

Interim and Final Orders. 45 6.28 Accounts Receivable Facility Purchase Agreement..............45

Interim and Final Orders. As of the date of the making by the Lenders of the initial Loan hereunder, the Interim Order has been entered and has not been stayed, amended, vacated, reversed, rescinded or otherwise modified in any respect without the consent of the Lenders. As of the date of the making of any subsequent Loan and the issuance of each Letter of Credit hereunder, the Interim Order and/or the Final Order, as the case may be, have been entered and have not been stayed, amended, reversed, vacated, rescinded or otherwise modified (except in accordance with the terms hereof) in any respect.

Interim and Final Orders. The Interim Order and the Final Order must each have been obtained on terms consistent with this Agreement, and shall not have been set aside or modified in a manner unacceptable to either the Mohawk Parties or the Invesque Parties, acting reasonably, on appeal or otherwise;

Interim and Final Orders. The receipt of the Interim Order and ------------------------ Final Order from the Court relating to the Arrangement in accordance with section 182 of the OBCA and the compliance by the other party with the terms of the Interim Order and Final Order issued by the Court relating to the Arrangement on terms reasonably satisfactory to Parent and the Company.

Interim and Final Orders. The application referred to in Section 2.2(c) shall request that the Interim Order provide: (a) for the class of persons to whom notice is to be provided in respect of the Arrangement Resolution and the Magna Meeting and the manner in which such notice is to be provided; (b) that the requisite approval for the Arrangement Resolution shall be: (A) 662/3% of the votes cast by the holders of Magna Class A Shares and Magna Class B Shares voting together as a single class, present in person or represented by proxy at the Magna Meeting; (B) 662/3% of the votes cast by the holders of Magna Class B Shares, voting separately as a class, present in person or represented by proxy at the Magna Meeting; (C) a simple majority of the votes cast by holders of Magna Class A Shares and Magna Class B Shares voting together as a single class, present in person or represented by proxy at the Magna Meeting, excluding the votes attached to Magna Class A Shares or Magna Class B Shares held by 445, the Principals or any other "insiders" (as defined in the TSX Company Manual) participating in the Arrangement; (D) a simple majority of the votes cast by holders of Magna Class A Shares, voting separately as a class, present in person or represented by proxy at the Magna Meeting, excluding the votes attached to Magna Class A Shares held by 445, the Principals or any other "insiders" (as defined in the TSX Company Manual) participating in the Arrangement; and (E) such other shareholder approvals as may be required by Applicable Law, any Governmental Entity or the Court; (c) that the requisite approval for the inclusion in the Plan of Arrangement of steps 15 and 16 of Schedule "A" shall be, in addition to the requisite approval set out in Section 2.4(b), a simple majority of the votes cast by the Magna Minority Class B Shareholders, voting separately as a class, present in person or represented by proxy at the Magna Meeting; (d) that, in all other respects, the provisions of the by-laws and articles of Magna, including quorum requirements and all other applicable matters, shall apply in respect of the Magna Meeting; and (e) for the grant of the Dissent Rights.

Interim and Final Orders. The Court shall have issued the Financing Orders satisfactory to Lender, including the Interim DIP Order and Final DIP Order in the form of Exhibit E hereto, with such modifications as are acceptable to Lender in its sole and absolute discretion. Such Financing Orders shall be in full force and effect and shall not have been amended, stayed or vacated. The Financing Orders or a separate order of the Court shall provide that portions of this Note and motions related hereto that describe the Milestones shall be filed under seal, although such information shall be available to the Official Committee of Unsecured Creditors (the “Creditors’ Committee"), the Official Committee of Equity Security Holders (the “Equity Committee") and the Office of the United States Trustee.