MOTION FOR ENTRY OF AN ORDER APPROVING (A) STALKING HORSE BIDDER, (B) REVISED SALE AGREEMENT, AND (C 2026

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CREDIT BID The stalking horse bidder is the bidder who sets the floor for other bidders to bid against. By establishing a baseline bid, the stalking horse bidder protects the debtor from a situation where it might only receive unreasonably low bids for its assets.
Most of the time, bidding procedures give the stalking-horse bidder an added advantage over other bidders at an auction. While the creditor committee, appointed trustee, and the court may object to certain terms of the bidding procedures, a stalking-horse bidder can make the bidding process favorable to itself.
Bid Procedures Motion means a motion filed by the DIP Borrower in the Bankruptcy Court setting forth, among other things, the bidding procedures in respect of the Sale Transaction in form and substance satisfactory to the DIP Agent.
The stalking horse bid ensures that the debtor will have a purchaser willing to pay an acceptable price and serves as a starting point against which other potential purchasers must initially bid. If the debtor receives overbids, it will hold an auction.
This Standard Document is used to give notice of bidding procedures, the schedule for an auction of assets, and the timeline for a hearing on the approval of a sale of property outside the ordinary course of business under section 363 of the Bankruptcy Code.
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