The Final Order Clause Samples

The Final Order. The Company shall take all steps necessary or desirable to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to Part 9, Division 5 of the BCBCA, as soon as reasonably practicable, but in any event not later than three (3) Business Days after the Company Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

The Final Order. Provided each of the following events shall have occurred: (a) the Interim Order is obtained; (b) the Harvest Arrangement Resolution and the Harvest Equity Incentive Plan Resolution are approved at the Harvest Meeting as provided for in the Interim Order and as required by applicable Law; and (c) the ParentCo Arrangement Resolution and ParentCo Equity Incentive Plan Resolution are approved at the ParentCo Meeting as provided for in the Interim Order and as required by applicable Law; then as soon as reasonably practicable and no later than three Business Days thereafter, the Arrangement Parties shall diligently pursue and take all steps necessary or desirable to have the hearing before the Court of the application for the Final Order pursuant to the BCBCA.

The Final Order. If (a) the Interim Order is granted, (b) the Company Arrangement Resolution is approved by the Company Shareholders at the Company Shareholders Meeting as provided for in the Interim Order and as required by applicable Law and (c) the SPAC Arrangement Resolution is approved by the SPAC Shareholders at the SPAC Shareholders Meeting as provided for in the Interim Order and as required by applicable Law, subject to the terms of this Agreement, the Company shall, in consultation with SPAC, take all steps reasonably necessary to submit the Arrangement to the Court and shall diligently pursue an application for the Final Order pursuant to Section 291 of the BCBCA as soon as reasonably practicable, but in any event not later than five Business Days after the later of (i) the date on which the Company Arrangement Resolution is passed at the Company Shareholders Meeting as provided for in the Interim Order and (ii) the date on which the SPAC Arrangement Resolution is passed at the SPAC Shareholders Meeting as provided for in the Interim Order (provided, that, if normal Court operations cause the application to be delayed beyond such period through no fault of, or failure of action by, the Company, the application date may be extended until the first commercially reasonable date upon which the application may be made), and, if at any time after the issuance of the Final Order and on or before the Closing Date, the Company is required by the terms of the Final Order or by Law to return to the Court with respect to the Final Order, it will only do so after prior notice to SPAC, and affording SPAC a reasonable opportunity to consult with the Company regarding the same.

The Final Order. If: (a) the Interim Order is obtained by New BC Sub; and (b) the Transaction Proposals are approved at the SEAC Meeting by SEAC Shareholders as provided for in the Interim Order and as required by applicable Law, New BC Sub and SEAC shall, in consultation with LG Parent, take all steps necessary or desirable to submit the Arrangement to the Court for the Final Order pursuant to section 288 of the BC Act, as soon as reasonably practicable, but in any event not later than three (3) Business Days after the date on which the Transaction Proposals are passed at the SEAC Shareholders Meeting as provided in the Interim Order, and thereafter diligently pursue the hearing of the petition for the Final Order.

The Final Order. The General Partner and Subversive shall take all steps necessary or desirable to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to Part 9, Division 5 of the BCBCA, as soon as reasonably practicable, but in any event not later than three (3) Business Days after the Subversive Arrangement Resolution is passed at the Subversive Meeting as provided for in the Interim Order.

The Final Order. The Company shall take all steps necessary or reasonably desirable to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to Section 193(4) of the ABCA, as soon as reasonably practicable, but in any event not later than five (5) Business Days after the Company Required Approval is obtained for the Company Resolution as provided for in the Interim Order, unless otherwise agreed by the Company and SPAC.

The Final Order. The Company shall, in consultation with SPAC, take all steps reasonably necessary or desirable to submit the Arrangement to the Court and shall diligently pursue an application for the Final Order pursuant to Section 182 of the OBCA as soon as reasonably practicable, but in any event not later than five (5) Business Days after the date on which the Company Arrangement Resolution is passed at the Company Shareholders Meeting as provided for in the Interim Order.

The Final Order. This Security Instrument is being recorded pursuant to the Final Order entered with respect to the Cases, which provides, in part, that the DIP Credit Facility (as defined in paragraph (i) of the Final Order), and all Obligations in respect of the Credit Agreement shall at all times provide to the Lender: (a) an allowed administrative expense claim pursuant to section 364(c)(1) of the Bankruptcy Code in each of the Cases having priority over all administrative expenses of the kind specified in, or arising under, sections 503(b) and 507(a) of the Bankruptcy Code and any and all expenses and claims of the Borrower and the Guarantors, whether heretofore or hereafter incurred, including, but not limited to, the kind specified in sections 105, 326, 328, 506(c), 507(a) or 1114 of the Bankruptcy Code, subject only to the Carve-Out; (b) valid, perfected security interests in and liens pursuant to section 364(c)(2) of the Bankruptcy Code on all property and assets of the Borrower, the Guarantors and their estates, of every kind or type whatsoever, including tangible, intangible, real, personal or mixed, whether now owned or hereafter acquired or arising, wherever located, all property of the estates of each of the Borrower and the Guarantors within the meaning of section 541 of the Bankruptcy Code (including avoidance actions arising under Chapter 5 of the Bankruptcy Code and applicable state law); and all proceeds, rents and products of the foregoing (collectively, as to the Borrower and each Guarantor, the “Collateral”) that is not subject to non-avoidable, valid and perfected liens in existence as of the Petition Date (or to non-avoidable valid liens in existence as of the Petition Date that are subsequently perfected as permitted by section 546(b) of the Bankruptcy Code), subject only to the Permitted Liens (as defined in the Credit Agreement) and the Carve-Out; (c) valid, perfected, junior security interests and liens pursuant to section 364(c)(3) of the Bankruptcy Code on all of the Collateral that is subject to non-avoidable, valid and perfected liens (other than the Primed Liens) in existence as of the Petition Date, or to non-avoidable valid liens in existence as of the Petition Date that are subsequently perfected as permitted by section 546(b) of the Bankruptcy Code, subject only to the Carve-Out; and (d) valid, perfected, priming security interests and liens pursuant to section 364(d)(1) of the Bankruptcy Code on the Collateral securing the Second Lien ...

The Final Order is in full force and effect and has not been reversed, stayed, modified or amended (except as may be modified or amended with Lender's express written consent).