Acceptance of Firm Offer. At any time during the Offer Period, any Offeree may accept the Firm Offer as to all or any portion of the Offered Units, by giving written notice of such acceptance to the Seller and each other Offeree, which notice shall indicate the maximum number of Equity Units that such Offeree is willing to purchase, such number not to exceed the product of (i) the Sharing Ratio of such Offeree, multiplied by (ii) the number of Offered Units. If at the end of the Offer Period, the Offerees accepting the initial Firm Offer (the “Accepting Offerees”), in the aggregate, accept the Firm Offer with respect to less than all of the Offered Units, such remaining portion of the Offered Units shall be offered to the Accepting Offerees for an additional 30-day period. If there are two or more Accepting Offerees who accept this second offer and they desire to acquire in the aggregate a total number of Offered Units in excess of the remaining portion available, then the remaining portion of the Offered Units shall be allocated to such Accepting Offerees pro rata based on the number of Offered Units such Accepting Offerees elected to purchase in the initial Firm Offer, or in such manner as otherwise agreed to among the Accepting Offerees. If the Offerees do not accept the Firm Offer as to all of the Offered Units during the Offer Period, including such additional 30-day period, then the Firm Offer shall be deemed to be rejected.
Acceptance of Firm Offer. At any time during the Offer Period, any Offeree may accept the Firm Offer as to all or any portion of the Offered Interest, by giving written notice of such acceptance to the Seller and each other Offeree, which notice shall indicate the maximum Percentage Interest that such Offeree is willing to purchase (the "purchase commitment"). If the aggregate purchase commitments made by Offerees accepting the Firm Offer ("Accepting Offerees") are equal to at least one hundred percent (100%) of the Offered Interest, then, except as otherwise provided in Section 12.4(d)(i), each Accepting Offeree shall be obligated to purchase, and the Seller shall be obligated to sell to such Accepting Offeree that portion of the Offered Interest that corresponds to the ratio of the Percentage Interest of such Accepting Offeree to the aggregate Percentage Interests of the Accepting Offerees, provided that if any Accepting Offeree's purchase commitment was for an amount less than its proportionate share of the Offered Interest as so determined, then the portion of the Offered Interest not so committed to be purchased shall continue to be allocated proportionally in the manner provided above in this sentence among the other Accepting Offerees until each has been allocated, by such process of apportionment, a percentage of the Offered Interest equal to the maximum percentage such Accepting Offeree committed to purchase or until the entire Offered Interest has been allocated among the Accepting Offerees. If Offerees do not accept the Firm Offer as to all of the Offered Interest during the Offer Period, the Firm Offer shall be deemed to be rejected in its entirety.
Acceptance of Firm Offer. At any time during the Offer Period, the Offeree may accept the Firm Offer as to all of the Offered Interest, by giving written notice of such acceptance to the Seller and to the Company or the other Member, as the case may be, which notice shall indicate the Membership Interest or any portion thereof that such Offeree is willing to purchase. In the event that the Offerees ("Accepting Offerees"), in the aggregate, accept the Firm Offer with respect to all of the Offered Interest, the Firm Offer shall be deemed to be accepted and the Offered Interest shall be apportioned pro rata according to the Percentage Interests of the Accepting Offerees. If the Offerees do not accept the Firm Offer as to all of the Offered Interest during the Offer Period, the Firm Offer shall be deemed to be rejected in its entirety.
Acceptance of Firm Offer. At any time during the first thirty (30) days of the Offer Period, the Company may accept the Firm Offer as to all but not less than all of the Offered Interest by giving written notice of such acceptance to the Seller and the members. If the Company does not accept the Firm Offer within such first thirty (30) days of the Offer Period, then within the second thirty (30) days of the Offer Period, any Offeree may accept the Firm Offer as to all or any portion of the Offered Interest, by giving written notice of such acceptance to the Seller and the Company. Such acceptance notice shall indicate the maximum percentage of the Membership Interests that such Offeree (an “Accepting Offeree”) is willing to purchase (the “Percentage Offer”). If Offerees do not accept the Firm Offer as to all of the Offered Interest, the Firm Offer shall be deemed to be rejected in its entirety. If Accepting Offerees in the aggregate accept the Firm Offer with respect to all of the Offered Interest, the Firm Offer shall be deemed to be accepted, and each such Accepting Offeree shall be deemed to have accepted such portion of the Offered Interest as follows:
Acceptance of Firm Offer. At any time during the Offer Period, any Offeree may accept the Firm Offer as to all or any portion of the Offered Units, by giving written notice of such acceptance to the Seller and each other Offeree, which notice shall indicate the maximum number of Equity Units that such Offeree is willing to purchase, such number not to exceed the product of (i) a fraction, the numerator of which is the Sharing Ratio of such Offeree, and the denominator of which is the aggregate Sharing Ratios of all of the Offerees, multiplied by (ii) the number of Offered Units. If at the end of the Offer Period, the Offerees accepting the initial Firm Offer (the “Accepting Offerees”), in the aggregate, accept the Firm Offer with respect to less than all of the Offered Units, such remaining portion of the Offered Units shall be offered to the Accepting Offerees for an additional 30-day period. If there are two or more Accepting Offerees who accept this second offer and they desire to acquire in the aggregate a total number of Offered Units in excess of the remaining portion available, then the remaining portion of the Offered Units shall be allocated to such Accepting Offerees pro rata based on the number of Offered Units such Accepting Offerees elected to purchase in the initial Firm Offer, or in such manner as otherwise agreed to among the Accepting Offerees. Offerees do not accept the Firm Offer as to all of the Offered Units during the Offer Period, including such additional 30-day period, then the Firm Offer shall be deemed to be rejected.
Acceptance of Firm Offer. At any time during the Offer Period, the Offeree may accept the Firm Offer as to all (but not less than all) of the Offered Interest, by giving written notice of such acceptance to the Seller, and the Offeree shall be obligated to purchase, and the Seller shall be obligated to sell to the Offeree, the Offered Interest.
Acceptance of Firm Offer. At any time during the first sixty (60) days of the Offer Period, any Offeree who is a Member may, by giving written notice of acceptance to the Seller, accept the Firm Offer as to the Offered Interest. In the event that within sixty (60) days of the Offer Period, the Company or, if the Company does not do so, Xxxxx National Corporation (the "Accepting Offeree") accepts the Firm Offer with respect to all of the Offered Interests, the Firm Offer shall be deemed to be accepted, and the Offered Interest shall be purchased by the Accepting Offeree.
Acceptance of Firm Offer. Not later than thirty (30) days after the Offer Notice is given, NCEH shall have the right to accept the Firm Offer as to not more than a portion of the Offered Interest equal to the Offered Interest multiplied by the Applicable Percentage of the Revenue Interest as of the time the Offer Notice is given by giving written notice of such acceptance to the Seller and each other Offeree. Thereafter, until not later than forty (40) days after the Offer Notice is given, each of the Offeree Principals shall have the right to accept the Firm Offer as to a portion of the balance of the Offered Interest not accepted by NCEH, up to the proportion thereof that its Principal Interest bears to the Principal Interests of all Offeree Principals, or in such other proportions among the Offeree Principals as they may agree, by giving written notice of such acceptance to the Seller and each other Offeree. If the Firm Offer has not been accepted in full in accordance with the foregoing
Acceptance of Firm Offer. At any time during the Offer Period, Xxxxxx may accept the Firm Offer by giving written notice of such acceptance to the Company. If Xxxxxx does not accept the Firm Offer as to all of the Offered Interest during the Offer Period, the Firm Offer will be deemed to be rejected in its entirety.
Acceptance of Firm Offer. At any time during the Offer Period, any Offeree may accept the Firm Offer as to all or any portion of the Offered Interests, by giving written notice of such acceptance to the Seller and each other Offeree, which notice shall indicate the maximum Percentage of Interests that such Offeree is willing to purchase. In the event that Offerees (“Accepting Offerees”), in the aggregate, accept the Firm Offer with respect to all of the Offered Interests, or an amount which , when aggregated, would exceed the amount of the Offered Interests, the Firm Offer shall be deemed to be accepted and each Accepting Offeree shall be deemed to have accepted the Firm Offer as to that portion of the Offered Interests that corresponds to the ratio of the Interests that such Accepting Offeree indicated a willingness to purchase to the aggregate number of Interests all Accepting Offerees indicated a willingness to purchase. If Offerees do not accept the Firm Offer as to all of the Offered Interests during the Offer Period, the Firm Offer shall be deemed to be rejected in its entirety.
