THE BIDDING PROCESS. 1. The parties agree to membership in the Xxxxxx Insurance Trust.
THE BIDDING PROCESS. Upon commencement of the Bidding Process and subject to your admission to the Bidding Process, you may submit your Bid. The Bid should contain the following information:
THE BIDDING PROCESS. 11.7.1 Information regarding the bidding process and the rules that govern it shall be published in a Bidding Guide produced by the Company in liaison with the Union.
THE BIDDING PROCESS. It is understood and agreed that the bidding price for YAK stock shall be determined in accordance with a "Dutch style auction," which for the purposes of this Agreement shall mean the following. Prior to the Offering Period, YAK shall, at the time of listing on the Internet, establish the number of shares to be offered and sold and the minimum acceptable bid price to YAK for each share. The winning bid price to be paid by all bidders shall be the lowest priced bid from the group of the highest priced bids (the "Last Bid") included among successful offers for purchase upon the closing the of the auction, provided that such bid is greater than or equal to the minimum acceptable bid price as established by YAK. In the event any bid received is greater than the Last Bid, then such bidder shall be entitled to a refund of the excess over the Last Bid.
THE BIDDING PROCESS. It is understood and agreed that the bidding price for [__________] stock shall be determined in accordance with a "Dutch style auction," which for the purposes of this Agreement shall mean the following. Prior to the Offering Period, [__________] shall, at the time of listing on the Website, establish the number of shares to be offered and sold and the minimum acceptable bid price to [__________] for each share. The winning bid price to be paid by all bidders shall be the highest bid (the "Deciding Bid") received prior to the termination of the Offering Period at which [__________] is able to dispose of all the shares covered by the Offering; PROVIDED that such bid is greater than or equal to the minimum acceptable bid price as established by [__________]. Any bidder who bid in excess of the Deciding Bid shall be entitled to a refund of the excess over the Deciding Bid.
THE BIDDING PROCESS. The Debtors shall (i) determine whether any person is a Qualified Bidder, (ii) coordinate the efforts of potential bidders in conducting their due diligence investigations, (iii) receive offers from potential bidders, and (iv) negotiate any offers made to purchase the Assets (collectively, the “Bidding Process”). Any person who wishes to participate in the Bidding Process and attend the Auction must be a Qualified Bidder. For all purposes of these Bidding Procedures, the Proposed Buyer shall be deemed a Qualified Bidder, and the Purchase Agreement shall be deemed (i) to include the Required Bid Documents meeting all of the requirements of these Bidding Procedures and (ii) to be a Qualified Bid, provided that any subsequent bids made by the Proposed Buyer at the Auction are in accordance with these Bidding Procedures. All rights of secured creditors under the Bankruptcy Code and the debtor-in-possession financing and factoring documents and orders entered in the Debtors’ Chapter 11 cases approving and ratifying such documents are preserved, and are not being modified, impaired or adversely affected by these Bidding Procedures.
THE BIDDING PROCESS. The Company and its advisors shall (a) determine whether any person is a Qualified Bidder (hereinafter defined), (b) coordinate the efforts of Qualified Bidders in conducting their due diligence investigations, (c) receive offers from Qualified Bidders, and (d) negotiate any offers made to purchase the Assets (collectively, the “Bidding Process”). Any person that wishes to participate in the Bidding Process must be a Qualified Bidder. Neither the Company nor its representatives shall be obligated to furnish information of any kind whatsoever to any person that is not determined to be a Qualified Bidder.
