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Sale Hearing, the Debtors shall present to the Bankruptcy Court for approval the Successful <br />Bid(s) for the Equipment (and/or other assets of the Debtors). <br />Following the Sale Hearing approving the Sale of the Debtors' assets to a Successful <br />Bidder(s), if such Successful Bidder(s) fails to consummate an approved sale because of a breach <br />or failure to perform on the part of such Successful Bidder(s), the next highest or otherwise best <br />Qualified Bid, as disclosed at the Sale Hearing, shall be deemed to be the Successful Bid and the <br />Seller shall be authorized to effectuate such sale without further order of the Bankruptcy Court. <br />Modifications <br />The Debtors may: (a) determine, in its business judgment, which Qualified Bid(s), if any, is the <br />highest or otherwise best offer; and (b) reject at any time before entry of an order of the <br />Bankruptcy Court approving a Qualified Bid, any bid that, in the Debtor's sole discretion, is: <br />(i) inadequate or insufficient; (ii) not in conformity with the requirements of the Bankruptcy <br />Code, the Bid Procedures, or the terms and conditions of sale; or (iii) contrary to the best <br />interests of the Debtor, its estate, and its creditors. At or before the Sale Hearing, the Debtors <br />may impose such other terms and conditions as it may determine to be in the best interests of the <br />Debtor's estate, its creditors and other parties in interest. Provided, however, that if no Qualified <br />Bid is received other than the Purchaser's Agreement, the Debtors shall determine the <br />Agreement to be the highest or otherwise best offer at the Sale Hearing <br />