Acquisition Opportunities. From time to time, Capital Partners may present acquisition opportunities to Security Capital which Capital Partners believes may be appropriate for Security Capital. However, Capital Partners is under no obligation to present any or all acquisition candidates of which it is aware to Security Capital.
Acquisition Opportunities. (a) During the Term (as defined in Article V below), MHI Hotels Services agrees to promptly notify the Company, on an exclusive basis, of any opportunity to invest in, acquire or develop a property, whether in fee or leasehold, and, whether in whole or in part, that is suitable for, the development or operation of a hotel (“Hotel Property”) which is presented to MHI Hotels Services or its subsidiaries and that meets the Company’s acquisition criteria, as the Company may communicate such acquisition criteria to MHI Hotels Services from time to time. For purposes of this Agreement, a Hotel Property includes, but is not limited to, full-service upper up-scale, up-scale and mid-scale hotels (as such terms are used by Xxxxx Travel Research or similar industry source), whether or not such hotels are underperforming in their respective marketplace, or may be functionally obsolete. MHI Hotels Services shall promptly provide to the Company all information, materials and documents reasonably available to MHI Hotels Services or its subsidiaries with respect to such Hotel Property or opportunity, subject to the requirements of any confidentiality agreements with third parties, provided, however, that any confidentiality agreement must permit MHI Hotels Services to notify the Company of such hotel property investment, acquisition or development opportunity. Notwithstanding the foregoing, MHI Hotels Services shall refer any such opportunity directly to the Company prior to execution of a confidentiality agreement but otherwise will use its best efforts, at no additional out-of-pocket expense to MHI Hotels Services, to negotiate any confidentiality agreement so as to permit disclosure of the opportunity, and all information, materials and documents with respect thereto, to the Company.
(b) The Company shall notify MHI Hotels Services, within 10 business days following the Company’s receipt from MHI Hotels Services of the information with respect to a Hotel Property investment, acquisition or development opportunity as described in Section 2(a), whether the Company intends to pursue such opportunity. During such 10 day period, if the Company notifies MHI Hotels Services that the Company intends to pursue such opportunity, MHI Hotels Services shall not provide any information regarding such opportunity to any third party until otherwise notified by the Company, provided that the Company is making commercially reasonable efforts to conduct due diligence or is otherwise acti...
Acquisition Opportunities. (a) In the event that Regency shall determine, in its sole discretion, that an Acquisition Opportunity (whether the seller is Regency, a Regency managed joint venture, or an unaffiliated third party) would be appropriate or desirable for the Operating Partnership and for an entity in which Regency or one of its wholly owned subsidiaries owns an interest and exercises management authority, then, commencing with the second non-grocery anchored Acquisition Opportunity (and at least every second such non-grocery anchored Acquisition Opportunity thereafter) and with the fourth grocery-anchored Acquisition Opportunity (and at least every fourth such grocery anchored Acquisition Opportunity thereafter), Regency shall present such Acquisition Opportunity to the Operating Partnership for its approval by delivering to the Operating Partnership written notice (each, an “Acquisition Notice”) of such Acquisition Opportunity, which Acquisition Notice shall include, to the extent reasonably available at the time, (i) a proposed or executed, as applicable, letter of intent or purchase and sale agreement relating to the proposed Acquisition Opportunity, (i) a detailed breakdown of (A) the total projected due diligence expenses incurred or to-be incurred with respect to such Acquisition Opportunity (the “Due Diligence Costs”) and (B) the projected closing costs with respect to such Acquisition , (iii) the items listed in Section 1.3(a)(viii), (ix) and (xiii) and (iv) such due diligence information referenced in Sections 1.3(a)(i) through (v), Section 1.3(a)(vii) and Sections 1.3(a)(x) through (xii) as shall have been provided to Regency in connection with such acquisition and (in each case, subject to applicable confidentiality restrictions) and such information shall be referred to collectively herein as the “Acquisition Investment Memorandum.” Notwithstanding the foregoing, if the Acquisition Opportunity in question would qualify as an Acquisition Opportunity for the Operating Partnership but would not also satisfy the investment criteria of any other investment vehicle with capital available to invest, Regency will offer such Acquisition Opportunity to the Operating Partnership and such offer will not be considered an allocation under the general rotation system described above. Neither Regency nor any of its Affiliates shall have any liability to the Operating Partnership or any direct or indirect investor therein for any inaccuracy in any of the information provided by...
Acquisition Opportunities. During the term of this Agreement, Shansby Partners shall offer to the Company for its consideration any acquisition opportunities for Mexican food companies that primarily produce tortillas, tortilla chips, salsas or Mexican sauces and that are identified by Shansby Partners or any affiliate thereof after the consummation of the Initial Public Offering (each, an "Acquisition Opportunity"). If the Company declines to pursue any such Acquisition Opportunity, then Shansby Partners or its affiliates can pursue such Acquisition Opportunity without the involvement of the Company. Neither Shansby Partners nor any of its affiliates will be required to use their funds to provide any financing (in connection with an acquisition or otherwise) on behalf of the Company. If the Company fails to notify Shansby Partners that the Company desires to pursue, and has the financial capability to pursue, an Acquisition Opportunity within 30 days after Shansby Partners advises the Company of such Acquisition Opportunity, then the Company shall be deemed to have declined such Acquisition Opportunity. For purposes of this Agreement, the Company's "financial capability" with respect to an Acquisition Opportunity shall mean the sum of, without duplication: (i) the Company's cash on hand, (ii) the Company's unutilized borrowing capacity under any existing revolving credit facility and (iii) the amount that the Company could reasonably expect to borrow from third parties in connection with the Acquisition Opportunity (including, without limitation, through seller financing). The Company shall use its reasonable best efforts to evaluate and pursue in an expeditious manner any Acquisition Opportunities that it elects to pursue, and if the Company determines that it does not wish to continue to pursue such Acquisition Opportunity (or that it does not have the financial capability to continue to pursue such Acquisition Opportunity), then the Company will promptly notify Shansby Partners. Upon such notification, then Shansby Partners or its affiliates can pursue such Acquisition Opportunity without the involvement of the Company.
Acquisition Opportunities. The Company shall have used its best efforts to facilitate the introduction of the Purchaser to potential merger and acquisition opportunities.
Acquisition Opportunities. During the term of this Agreement, Shansby Partners shall offer to the Company for its consideration any acquisition opportunities for Mexican food companies that primarily produce tortillas, tortilla chips or salsas and that are identified by Shansby Partners or its affiliates after the consummation of the Initial Public Offering. If the Company declines to pursue any such acquisition opportunity, then Shansby Partners or its affiliates can pursue the acquisition opportunity without the involvement of the Company. Neither Shansby Partners nor any of its affiliates will be required to use their funds to finance any acquisition on behalf of the Company.
Acquisition Opportunities. In exchange for the Corporation's covenants contained herein, HIG agrees that it and its affiliates shall not, directly or indirectly, acquire the stock or all or substantially all of the assets of any of Evercom, Inc., Radical Inc., Value Added Communications, Inc., Science Dynamics Corp., Global Tel*Link, Correctional assets of AT&T Public Communications Services, Correctional assets of MCI and Public Communications Services except through its ownership in the Corporation or until it has sold its ownership in the Corporation; provided, that if HIG or its affiliates do not acquire the Corporation prior to the first anniversary of the date hereof, this Section 3 shall terminate at such time.
Acquisition Opportunities. (a) If an AIM Party becomes aware of an opportunity to acquire surface coal mining properties in the States of Illinois, Indiana, Ohio, Pennsylvania or West Virginia (“Subject Assets”) with a fair market value (as determined in good faith by the board of directors or other comparable governing body of such AIM Party) equal to or greater than $5 million that it is interested in pursuing, then, subject to Section 9(b), as soon as practicable thereafter, such AIM Party shall notify GP, in writing, of such opportunity and deliver to GP all information prepared by or on behalf of such AIM Party relating to such opportunity. As soon as practicable, but in any event within 30 days after receipt of such written notification and information, GP, on behalf of the Partnership, shall notify AIM, in writing, that either (i) GP, on behalf of the Partnership, has elected (with the concurrence of Members owning 75% of the Membership Interests of GP) not to cause the Partnership to pursue the opportunity to purchase the Subject Assets, or (ii) GP, on behalf of the Partnership, has elected to cause the Partnership to pursue the opportunity to purchase the Subject Assets. If GP fails to provide such notice within such period of 30 days, GP, on behalf of the Partnership, will be deemed to have elected the alternative described in clause (ii). If GP elects the alternative described in clause (i), the AIM Party may pursue such
Acquisition Opportunities. For a period of one year following the closing of the New Offering, the Major Shareholders will not acquire companies of potential common interest between one or more of the Major Shareholders and the Company without providing the opportunity for majority participation by the Company in any such acquisition.
Acquisition Opportunities. If Contractor or either Owner, anytime prior to the fifth anniversary of the Effective Date, identifies or learns of a Suitable Opportunity for Manager or any affiliate of Manager to acquire (by any form of transaction, including the purchase of securities from any Person, including existing owners thereof) an interest in the equity or the assets of an existing Surgical Business within the Restricted Area, the Contractor shall give written notice to the Manager of each such Suitable Opportunity (the “Acquisition Notice”). The Manager shall consult with the Contractor regarding each such Suitable Opportunity, and Contractor shall reasonably cooperate with the Manager in ascertaining all information about each such Suitable Opportunity as Manager shall reasonably request. The Manager and/or its affiliates and the Contractor will work in good faith with regard to such Suitable Opportunity that Manager elects to pursue (an “Acquisition Project”). Upon the closing of the acquisition of an interest in or the assets of a Qualified Acquisition Project, the Contractor shall receive from the Manager a fee, payable in cash, equal to * percent (*%) of the gross purchase price paid by Manager for its interest in the Qualified Acquisition Project (inclusive of a proportionate amount of assumed indebtedness but exclusive of a proportionate amount of any working capital acquired in excess of a normalized working capital amount, such proportionate amount being equal to the percentage interest acquired by Manager in the Qualified Acquisition Project). Additionally, Contractor shall be entitled to receive from Manager a share of all Management Fees actually collected by Manager, as and when collected, from an Acquired Facility during the two years after the later of (x) the closing of the acquisition or (y) with respect to any center at which procedures are not being regularly performed as of the closing of the acquisition, the date on which the first procedure is performed at such center, which share shall equal * percent of the net revenues of such Acquired Facility (or a comparable share relative to the Manager’s management fees if based on some other amount). As used herein, “Qualified Acquisition Project” shall mean an Acquisition Project identified in an Acquisition Notice with respect to which the Manager or its affiliate acquires an interest in the equity or the assets of within 18 months after the giving of the Acquisition Notice. If (i) Manager fails to indicate it...
