ACCEPTANCE OF QUALIFIED BIDS Sample Clauses

ACCEPTANCE OF QUALIFIED BIDS. Sellers will sell the Purchased Assets for the highest or otherwise best Qualified Bid, as determined by Delphi, upon the approval of such Qualified Bid by the Bankruptcy Court after the hearing (the “Sale Hearing”). If, after an Auction in which Buyer Parent: (i) will have bid an amount in excess of the consideration presently provided for in the Agreement with respect to the transactions contemplated under the Agreement; and (ii) is the Successful Bidder, it will, at the Closing under the Agreement, pay, in full satisfaction of the Successful Bid, an amount equal to: (a) the amount of the Successful Bid; less (b) the Break-Up Fee, Expense Reimbursement and Deposit Amount. Delphi’s presentation of a particular Qualified Bid to the Bankruptcy Court for approval does not constitute Delphi’s acceptance of the bid. Delphi will be deemed to have accepted a bid only when the bid has been approved by the Bankruptcy Court at the Sale Hearing.
Sample 1
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ACCEPTANCE OF QUALIFIED BIDS. The Sellers shall sell the Business to the Successful Bidder, or to the Purchaser in accordance with the Purchase Agreement if a higher or otherwise better Qualified Bid is not received and accepted as the Successful Bid. The Sellers' presentation to the Bankruptcy Court for approval of a particular Qualified Bid does not constitute the Sellers' acceptance of the bid. The Sellers shall have accepted a bid only when that bid has been approved by the Bankruptcy Court at the Sale Hearing.
Sample 1Sample 2
ACCEPTANCE OF QUALIFIED BIDS. The Sellers shall sell the Purchased Assets to the Successful Bidder(s), or to the Buyer in accordance with the Sale Agreement if a higher or otherwise better Qualified Bid is not received and accepted as the Successful Bid. The Sellers shall not seek Bankruptcy Court approval of any bid without the consent of the Prepetition Agent if the terms of such bid are economically less favorable to the Sellers than the terms of the Sale Agreement, and shall not materially modify the terms of the Sale Agreement without the consent of the Prepetition Agent. The Sellers' presentation to the Bankruptcy Court for approval of a particular Qualified Bid does not constitute the Sellers' acceptance of the bid. The Sellers shall have accepted a bid only when that bid has been approved by the Bankruptcy Court at the Sale Hearing.
Sample 1
ACCEPTANCE OF QUALIFIED BIDS. The Sellers shall sell the Purchased Assets and the Shares to the Successful Bidder(s), or to the Buyer in accordance with the Sale Agreement if a higher or otherwise better Qualified Bid is not received and accepted as the Successful Bid. The Sellers shall not seek Bankruptcy Court approval of any bid without the consent of the Prepetition Agent if the terms of such bid are economically less favorable to the Sellers than the terms of the Sale Agreement, and the Sellers shall not materially modify the terms of the Sale Agreement without the consent of the Prepetition Agent. The Sellers' presentation to the Bankruptcy Court for approval of a particular Qualified Bid does not constitute the Sellers' acceptance of the bid. The Sellers shall have accepted a bid only when that bid has been approved by the Bankruptcy Court at the Sale Hearing. THE SALE HEARING ---------------- The Sale Hearing is presently scheduled to take place on __________, 2003 at _____ [a.m./p.m.] before the Honorable ________________, United States Bankruptcy Judge, 000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx, Courtroom ____. At the Sale Hearing, the Debtors will seek entry of an order, among other things, authorizing and approving the proposed Sale (i) if no other Qualified Bid is received and accepted as the Successful Bid, to the Buyer pursuant to the terms and conditions set forth in the Sale Agreement, or (ii) if a Qualified Bid is received by the Sellers, to the Successful Bidder, as determined by the Sellers in accordance with the Bidding Procedures, pursuant to the terms and conditions set forth in the Sale Agreement or Marked Agreement submitted by the Successful Bidder(s). The Sale Hearing may be adjourned or rescheduled without notice other than by an announcement of the adjourned date at the Sale Hearing. Following the Sale Hearing at which the Bankruptcy Court approves the sale of the Purchased Assets and the Shares to a Successful Bidder, if such Successful Bidder fails to consummate an approved sale because of a breach or failure to perform on the part of such Successful Bidder, the next highest or otherwise best Qualified Bid, as disclosed at the Sale Hearing, shall be deemed to be the Successful Bid and the Sellers shall be authorized to effectuate such sale without further order of the Bankruptcy Court. RETURN OF GOOD FAITH DEPOSIT ---------------------------- The Good Faith Deposits of all Qualified Bidders shall be returned to such Qualified Bidders on the earlier to occur...
Sample 1
ACCEPTANCE OF QUALIFIED BIDS. The Company shall sell the Assets to the Winning Bidder(s) upon the approval of the Winning Bid(s) by the Bankruptcy Court after the Sale Hearing (defined below). The Company’s presentation of a particular Qualified Bid to the Bankruptcy Court for approval does not constitute the Company’s acceptance of the bid. The Company will be deemed to have accepted a bid only when the bid has been approved by the Bankruptcy Court at the Sale Hearing.
Sample 1
ACCEPTANCE OF QUALIFIED BIDS. At the Sale Hearing, the Sellers will seek entry of an order authorizing and approving the Sale (i) if no Qualified Bid is received (other than that of the Purchaser), to the Purchaser pursuant to the terms and conditions set forth in the Purchase Agreement, or (ii) if another Qualified Bid is received by the Sellers, to the Purchaser or such other Qualified Bidder as the Sellers, in the exercise of their business judgment, determine have made the highest or otherwise best offer to purchase the Acquired Assets (the "Successful Bidder"). The Sellers, in their sole discretion, in consultation with the Transaction Broker, may adjourn or reschedule the Sale Hearing without notice by an announcement of the adjourned date at the Sale Hearing. Following the Sale Hearing approving the Sale of the Acquired Assets to the Successful Bidder, if such Successful Bidder fails to consummate an approved Sale because of a breach or failure to perform on the part of such Successful Bidder, the next highest or otherwise best Qualified Bid, as disclosed at the Sale Hearing, will be deemed to be the Successful Bid and the Sellers will be authorized, but not required, to consummate the Sale with the Qualified Bidder submitting such bid without further order of the Bankruptcy Court.
Sample 1
ACCEPTANCE OF QUALIFIED BIDS. The Debtors shall sell the Assets pursuant to the highest or best Qualified Bid received at the Auction upon the approval of such Qualified Bid by the Bankruptcy Court after the hearing with respect to, among other things, the approval of such sale and the entry of the proposed Sale Order (the “Sale Hearing”). The Debtors’ presentation of the Successful Bid to the Bankruptcy Court for approval does not constitute the Debtors’ acceptance of such bid(s). The Debtors will be deemed to have accepted the Successful Bid only when the Successful Bid has been approved by the Bankruptcy Court at the Sale Hearing.
Sample 1
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ACCEPTANCE OF QUALIFIED BIDS. On December , 2003, at : a.m. (Eastern Time), Impath shall present the results of the Auction together with the Successful Bid to the Bankruptcy Court at the Sale Hearing, at which certain findings will be sought by the Bankruptcy Court regarding the Auction, including, among other things, that (i) the Auction was conducted and the Successful Bidder was selected in accordance with these Bidding Procedures, (ii) the Auction was fair in substance and procedure, and (iii) consummation of the Sale Transaction contemplated by the Successful Bid will provide the highest or best value for Information Services and is in the best interests of each of the Sellers, Impath and its estates. In the event that, for any reason, the Successful Bidder fails to close the Sale Transaction contemplated by its Successful Bid, then, without notice to any other party or further court order, Impath shall be authorized to close with the Qualified Bidder that submitted the Next Highest Bid.
Sample 1

Related to ACCEPTANCE OF QUALIFIED BIDS

  • Acceptance of Competitive Bids Not later than 11:30 a.m. (i) on the requested date of any Bid Borrowing that is to consist of Absolute Rate Loans, and (ii) three Business Days prior to the requested date of any Bid Borrowing that is to consist of Eurodollar Margin Bid Loans, the Borrower shall notify the Administrative Agent of its acceptance or rejection of the offers notified to it pursuant to Section 2.03(d). The Borrower shall be under no obligation to accept any Competitive Bid and may choose to reject all Competitive Bids. In the case of acceptance, such notice shall specify the aggregate principal amount of Competitive Bids for each Interest Period that is accepted. The Borrower may accept any Competitive Bid in whole or in part; provided that: (i) the aggregate principal amount of each Bid Borrowing may not exceed the applicable amount set forth in the related Bid Request; (ii) the principal amount of each Bid Loan must be $5,000,000 or a whole multiple of $1,000,000 in excess thereof; (iii) the acceptance of offers may be made only on the basis of ascending Absolute Rates or Eurodollar Bid Margins within each Interest Period; and (iv) the Borrower may not accept any offer that is described in Section 2.03(c)(iii) or that otherwise fails to comply with the requirements hereof.

  • Acceptance of AAU You will have accepted an AAU for an Offering if: (a) we receive your acceptance, prior to the time specified in the Invitation Wire for such Offering, by wire, telex, telecopy or electronic data transmission, or other written communication (any such communication being deemed “In Writing”) or orally (if promptly confirmed In Writing), in the manner specified in the Invitation Wire, of our invitation to participate in the Offering, or (b) notwithstanding that we did not send you an Invitation Wire or you have not otherwise responded In Writing to any such Wire, you: (i) agree (orally or by a Wire) to be named as an Underwriter in the relevant Underwriting Agreement executed by us as Manager, or (ii) receive and retain an economic benefit for participating in the Offering as an Underwriter. Your acceptance of the invitation to participate will cause such AAU to constitute a valid and binding contract between us. Your acceptance of the AAU as provided above or an Invitation Wire will also constitute acceptance by you of the terms of subsequent Wires to you relating to the Offering unless we receive In Writing, within the time and in the manner specified in such subsequent Wire, a notice from you to the effect that you do not accept the terms of such subsequent Wire, in which case you will be deemed to have elected not to participate in the Offering.

  • Acceptance of Offer In the event that the General Partner elects to accept any such bona fide offer or proposal described in Section 9.01 hereof (an “Accepted Offer”), the General Partner shall deliver written notice of such election along with documentation which sets forth in reasonable detail the general terms and conditions of the bona fide offer or proposal as of the date of such notice (the “Acceptance Notice”) to those Partners with rights to approve such offer or proposal, and only those Partners, not less than fifteen (15) days prior to the closing date of the transaction contemplated by such offer or proposal. In connection with such transaction, each Partner shall, at such time as it is appropriate and, as applicable, (i) provide a written consent with respect to his or its Partnership Interest in favor of such sale of the assets and any subsequent liquidation of the Partnership; (ii) subject to the approval rights set forth in Section 7.06 above, provide a written consent with respect to his or its Partnership Interest (and any Partnership Interest with respect to which such Partner holds a proxy) approving such merger, consolidation, conversion, reorganization or similar transaction; or (iii) transfer and sell either all of his or its Partnership Interest (and any Partnership Interest with respect to which such Partner holds a proxy) or, as applicable, a percentage of his or its Partnership Interest (and any Partnership Interest with respect to which such Partner holds a proxy) that is equal to the Percentage Interest being transferred and sold in such transaction. Each Partner shall execute such documents and take such further actions as may be reasonably required to consummate any of the foregoing transactions.

  • Acceptance of Contract This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Submission of Tender The tender shall be submitted online in two part, viz., technical bid and financial bid. All the pages of bid being submitted must be signed and sequentially numbered by the bidder irrespective of nature of content of the documents before uploading.

  • Acceptance of Agency The Warrant Agent hereby accepts the agency established by this Agreement and agrees to perform the same upon the terms and conditions herein set forth and among other things, shall account promptly to the Company with respect to Warrants exercised and concurrently account for, and pay to the Company, all monies received by the Warrant Agent for the purchase of shares of Common Stock through the exercise of the Warrants.

  • Submission of Bids The Tender shall be submitted in two part: one comprising a Technical Tender and one containing the Commercial Tender. The Technical Tender shall contain all the required documents requested in the Tender Documents excluding any financial references. The Commercial Tender shall contain all financial documents and information. Bidders who fail to adhere to this requirement will result in the disqualification of their Tender. The Bid Form together with all information and documentation shall be completed and submitted by email only. The bidder must affix its initialed company stamp to every page of its original Tender submission which should include all parts of the Tender Documents. The original shall be clearly marked “ORIGINAL” Bidders not complying with the requirements of the Bid Form and the submission and delivery of the bids may be deemed non-responsive to the Invitation to Tender and their bids may be excluded from further consideration. The Bidders should submit the bids which should be signed by Authorized person of the company and company may verify if it is required from CEO or Owner of bidder or any other Agencies e.g. Chamber of Commerce. . No deletions or erasures may be made in the list of prices and the schedule of categories. Any correction in the prices etc. shall be re-written in numbers and words and signed by the authorized person. The bidder may not delete or modify any clauses or technical specifications irrespective of the nature of such modification. Any special conditions or modifications shall be sent in or attached with a separate letter kept in the tender envelope. A reference shall be made to this letter in the bid itself. No other alternative shall be acceptable. The price schedule shall specify whether the item is manufactured in the Sultanate of Oman or abroad. Inaccuracy of the information submitted, partly or fully, shall lead to the rejection of the item without prejudice to the Abraj Tender Committee’s right to deprive the bidder of the facility to deal with other tenders of the Company within a period specified by the relevant Abraj Tender Committee (ATC), depending on the situation of each case. The prices quoted by the bidder in the schedule of categories shall include and cover all the expenses and liabilities, irrespective of their nature, to be incurred or met in respect of each clause and shall also include those involved in the completion, delivery and maintenance if required, of all the works during the period of guarantee and maintenance. The final calculation shall be done on the basis of these prices irrespective of fluctuations in the market, the customs duty and other duties and taxes. The bidder shall, in case of the submission of one or more alternative offer, ensure that these offers are clear and detailed and referred to in the list of contents. If the bidder fails to specify the price of an item required to be supplied in the price list, this shall be considered as abstention from participation in the tender in respect of such item. The prices specified in words shall be accepted. As an exception, the relevant may accept the offer specified in numbers only in the Company’s interest. A bid based on a reduction in the lowest bid by a specified percentage shall also not be acceptable. To submit the Commercial bid, the following shall be taken into account: a. If the goods are required to be delivered on board the ship, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation and loading in accordance with the FOB system. b. If the goods are required to be delivered at the port of arrival, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation, loading and shipping in accordance with the C & F system. c. If the goods are required to be delivered at the port of arrival, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation, loading, shipping, insurance and unloading in accordance with the CIF system. d. If the goods are required to be delivered at the stores of the purchaser or the work sites, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation and loading, the shipment charges, the insurance cost and expenses on unloading, customs duties, internal transportation and other additional charges. e. In all cases, the contractor shall bear all the expenses for getting the letter of credit from the Company pertaining to their banker while the Company shall bear the letter of credit opening charges pertaining to its banker in Oman. f. The data or information for Commercial Bid submission will be as per attached Annexure-10. Bidders accept full responsibility for ensuring their bids are delivered or submitted to the correct email address by the specified deadline. Bids submitted to any other address or later than the deadline may not be considered. Bidders forwarding their bids by courier should advise by email to Xxxxxxxx@xxxxxxxxxxx.xxx , when the bid has been sent by courier, naming the courier and tracing number. Bids received after the final bid submission deadline will be returned unopened to the bidder. Company expressly reserves the right to extend the bid submission deadline. You have to forward your offer in soft copy addressed to the Senior Tender Committee to the mail ID: Xxxxxx.XXX@xxxxxxxxxxx.xxx on or before official Bid closing date.

  • SUBMISSION OF TENDERS i. The tenders received after the specified time of their submission shall be treated as `Late Tenders’ and shall not be considered under any circumstances. xx. Xxxxxxx shall be opened by authorized officer at his office at the time and date as specified in the NIT, in the presence of such of those tenderers or their authorized representatives who may be present. iii. Tenders whose bids are found techno-commercially qualified shall be informed by E-mail the date and time of opening of the Bids. XXXX’s decision in this regard shall be final and binding. iv. Before submission of Bid, the tenderers are advised to inspect the site of work and the environments and be well acquainted with the actual working and other prevalent conditions, facilities available, position of material and labour, means of transport and access to Site, accommodation, etc. No claim will be entertained later on the grounds of lack of knowledge of any of these conditions.

  • Acceptance of Agreement This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • ACCEPTANCE OF EQUIPMENT The State will provide a written acknowledgment to the Contractor when the Equipment is accepted and performing satisfactorily.

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