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2020-08-04_GENERAL DOCUMENTS - C1980004
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2020-08-04_GENERAL DOCUMENTS - C1980004
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Last modified
12/27/2024 11:22:02 PM
Creation date
8/5/2020 12:02:27 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
8/4/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
District Court of Ohio
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
CCW
JDM
JRS
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 124-1 Filed 07/29/20 Entered 07/29/20 20:57:30 Desc <br /> Exhibit A - Proposed Sale Order Page 42 of 43 <br /> 46. Further Assurances. From time to time, as and when requested by any party, <br /> each party shall execute and deliver, or cause to be executed and delivered, all such documents <br /> and instruments and shall take, or cause to be taken, all such further or other actions as such <br /> other party may reasonably deem necessary or desirable to consummate the Sale Transaction, <br /> including without limitation, such actions as may be necessary to vest, perfect or confirm, or <br /> record or otherwise, in the Buyer its right, title, and interest in and to the Assets and the Assigned <br /> Contracts. <br /> 47. Governing Terms. To the extent this Order is inconsistent with any prior order or <br /> pleading in these Chapter 11 Cases, the terms of this Order shall govern. To the extent there is <br /> any inconsistency between the terms of this Order and the terns of the Stalking Horse <br /> Agreement, the terms of the Stalking Horse Agreement shall govern. <br /> 48. No Stav of Order. Notwithstanding Bankruptcy Rules 6004 and 6006, this Order <br /> shall be effective and enforceable immediately upon entry and its provisions shall be self- <br /> executing. Time is of the essence in closing the Sale Transaction referenced herein, and the <br /> Debtors and the Buyer intend to close the Sale Transaction as soon as practicable. Any party <br /> objecting to this Order must exercise due diligence in filing an appeal, pursuing a stay, and <br /> obtaining a stay prior to the Closing or risk its appeal being foreclosed as moot. <br /> 49. Final Order. This Order constitutes a final order within the meaning of 28 U.S.C. <br /> § 158(a). Notwithstanding any provision in the Bankruptcy Rules to the contrary, including but <br /> not limited to Bankruptcy Rule 6004(h), the Court expressly finds there is no reason for delay in <br /> the implementation of this Order and, accordingly: (a) the terns of this Order shall be <br /> immediately effective and enforceable upon its entry; (b) the Debtors are not subject to any stay <br /> of this Order or in the implementation, enforcement, or realization of the relief granted in this <br />
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