Common use of Acceptance or Counter-Offer Clause in Contracts

Acceptance or Counter-Offer. Within thirty (30) days of receipt of an Initiating Offer, the Member to which the Initiating Offer is directed (the “Offered Member”) shall elect in writing to either accept or reject the Initiating Offer. If the Offered Member rejects such offer, such rejection shall constitute a counter-offer by the Offered Member to acquire, on the Offer Terms, the Membership Interest of the Offering Member, and the Offering Member shall be bound to sell such Member’s Membership Interest to the Offered Member under the Offer Terms. Failure by the Offered Member to deliver the notice required by this Section 4.7(c) shall constitute an election by the Offered Member to accept the Initiating Offer of the Offering Member in accordance with the Offer Terms.

Appears in 4 contracts

Samples: Operating Agreement (Erie Shores Emergency Physicians, Inc.), Operating Agreement (Erie Shores Emergency Physicians, Inc.), Operating Agreement (Erie Shores Emergency Physicians, Inc.)

AutoNDA by SimpleDocs

Acceptance or Counter-Offer. Within thirty (30) days of receipt of an Initiating Offer, the Member to which the Initiating Offer is directed (the "Offered Member") shall elect in writing to either accept or reject the Initiating Offer. If the Offered Member rejects such offer, such rejection shall constitute a counter-offer by the Offered Member to acquire, on the Offer Terms, the Membership Interest of the Offering Member, and the Offering Member shall be bound to sell such Member’s 's Membership Interest to the Offered Member under the Offer Terms. Failure by the Offered Member to deliver the notice required by this Section 4.7(c) shall constitute an election by the Offered Member to accept the Initiating Offer of the Offering Member in accordance with the Offer Terms.

Appears in 1 contract

Samples: Operating Agreement (Reich Seidelman & Janicki Co)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.