Auction. The one-time auction conducted by the Trustee, as described in Section 9.01(b) hereof.
Auction. A. If the Debtors receive two or more Qualified Bids, the Debtors will, unless otherwise ordered by the Bankruptcy Court, conduct an auction (the "AUCTION") with respect to the Lenox Assets. In connection with the Auction, the Debtors will provide each Qualifying Bidder that submitted a Qualified Bid with a summary of the material terms of each Qualified Bid no later than 4:00 p.m. (prevailing Eastern time) on _____, 2009.
B. The Auction, if required, will commence at 10:00 a.m. (prevailing Eastern time) on _____, 2009, or at such later time and at other place as the Debtors shall notify all Qualifying Bidders who have submitted Qualified Bids and all other Persons entitled to attend the Auction.
C. Only the Debtors, Qualifying Bidders who have submitted Qualified Bids, the United States Trustee, the Term Loan Lenders, and the Committee, in each case with their respective advisors, will be entitled to attend, participate and be heard at the Auction; provided, however, that any financing contingency contained in a Qualified Bid must be either satisfied or waived prior to the commencement of the Auction as a condition to the participation in the Auction of the Qualified Bidder who made such Qualified Bid. Only Qualifying Bidders will be entitled to make any subsequent Qualified Bids at the Auction.
D. During the Auction, bidding will begin at the purchase price stated in the highest or otherwise best Qualified Bid, and the first bid thereafter shall be at least $____ higher than such Qualified Bid.
E. All subsequent bids will be made in minimum increments of at least $_____ (the "OVERBID INCREMENT") higher than the previous Qualified Bid.
F. Subject to the Overbid Increments set forth herein, the Term Loan Lenders shall be permitted to increase their initial Qualified Bid by credit bidding up to the full amount of outstanding principal obligations under the Term Loan Agreement.
G. Bidding at the Auction will continue until such time as the highest and best Qualified Bid (the "SUCCESSFUL BID") is selected as follows: immediately prior to conclusion of the Auction, the Debtors, after consultation with the Term Loan Lenders and the Committee, will: (i) review each Qualified Bid on the basis of financial and contractual terms and other factors relevant to (x) the determination of which transaction is in the best interests of the creditors and estates of the Debtors and their Affiliates, and (y) the sale process, including those factors affecting the speed and ce...
Auction. No auction, public or private, will be permitted.
Auction. The one-time auction conducted by the Securities Administrator, as described in Section 10.01(b) hereof.
Auction. Internet Bidding will run simultaneously through the end of the auction on November 4th, 2023, at 10:30 AM EST. All Internet Bids will carry over to live auction and Auction Company Advise the bidder to contact the Auction Company if you desire to be on the phone with a Representative of the Auction Staff.
Auction. The auction advertised in the catalogue. The conditions so headed, including any extra auction conduct conditions.
Auction. The one-time auction conducted by the Trustee, as described in Section 9.01(b) hereof. Auction Date: The date on which the Auction occurs.
Auction. The Tenant shall not at any time during the Term or any extension thereof, permit any sale by auction to be held within the Demised Premises or any part thereof.
Auction a specific moment sale mechanism for subscription by the Shipper of Daily Entry Capacity at a Network Interconnection Point or Daily Exit Capacity at a Network Interconnection Point or Daily Link Capacity made either from the Trans@ctions website or from the PRISMA Platform.
Auction. Not later than forty five (45) days prior to Closing, Seller will conduct an auction for all units seventy-five (75) days or more past due. All auctions shall be conducted in accordance with the laws of the applicable state where each self storage facility comprising the Property is located. Seller will hold Purchaser and Purchaser’s agents and representatives harmless from any legal actions brought by any tenant as a result of any such auction or any other action of Seller with regard to the sale of a tenant’s property during the period Seller owned the Property. Seller’s obligations under the immediately preceding sentence expressly shall survive Closing.
