Common use of Alternate Transactions Clause in Contracts

Alternate Transactions. Nothing in this Agreement shall restrict Sellers’ right to pursue one or more Alternate Transactions (as defined below), including marketing Sellers’ assets (including the Acquired Assets) or providing due diligence materials prior to entry of the Bidding Procedures Order; provided, however, that, after entry of the Bidding Procedures Order, the Sellers may pursue such Alternate Transactions solely to the extent permitted and on the terms set forth therein.

Appears in 2 contracts

Samples: Asset Purchase Agreement (International Shipholding Corp), Asset Purchase Agreement

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Alternate Transactions. Nothing in this Agreement shall restrict Sellers’ right to pursue one or more Alternate Transactions (as defined below)Transactions, including marketing Sellers’ assets (including the Acquired Purchased Assets) or providing due diligence materials prior to entry of the Bidding Procedures OrderOrder subject to the APA Expenses and the Break-Up Fee; provided, however, that, after entry of the Bidding Procedures Order, the Sellers may pursue such Alternate Transactions solely to the extent permitted and on the terms set forth therein.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (SAExploration Holdings, Inc.)

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