Auction Process. (a) The Advisor, any underwriter, or any Certificate Owner will be allowed to bid in the Auction, but will not be required to do so.
Auction Process. (a) ______________________, in its role as Advisor to the Trustee, will be allowed to bid in the Auction, but will not be required to do so.
Auction Process. 1. All applicable documents for the Auction will be published on the Storage Service Provider’s website and on the website of the Electronic Marketing Platform in due time before the Auction takes place.
Auction Process a. The Advisor will be allowed to bid in the auction, but will not be required to do so.
Auction Process. (i) Xxxxx Fargo Bank, National Association or its Affiliates may, but shall not be required to, bid at the Auction. The Collateral Manager and its Affiliates may bid in the Auction if the Collateral Manager deems such bidding to be appropriate but is not required to do so.
Auction Process. (a) Subject to Section 9.5(ii), the Collateral Manager will be allowed to bid in the Auction if it deems appropriate, but will not be required to do so.
Auction Process. 1. On the Capacity Booking Platform operated by the TSOs pursuant to section 12 of the Access Regulations firm entry and exit Capacity at Cross-Border Interconnection Points, Market Area Interconnection Points and Storage Connection Points shall be auctioned in accordance with Articles 8 et seq. of Regulation (EU) No 2017/459 and section 13(1) and (2) of the Access Regulations.
Auction Process. The Auction process shall be conducted by the Investment Bank and the Non-Participating Members that are Series A1 Preferred Members (or, if there are no Non-Participating Members that are Series A1 Preferred Members, then the independent Managers of the Company, if any). The Company and each Member shall, and each Member shall cause each of its Affiliates to, use its or his commercially reasonable efforts in good faith to assist the Investment Bank and the Non-Participating Members that are Series A1 Preferred Members (or, if there are no Non-Participating Members, then the independent Managers of the Company, if any) in the conduct of the Auction and the consummation of a sale of all of the Auctioned Equity, including in the hiring of outside advisors (other than the Investment Bank), the identification of potential bidders, the preparation of an information memorandum regarding the Company (including financial statements and financial projections relating thereto), the preparation of bid procedures and a bid procedures letter to be distributed to potential bidders, the assembly of a data room, the making of management presentations, the drafting, negotiation and execution of transaction documents (including the schedules, exhibits, appendices, annexes and ancillary documents thereto), the closing of the transaction (including the obtaining of applicable approvals, consents and waivers), and the equal and fair treatment of all potential bidders. Unless the Series A1 Preferred Members otherwise mutually agree, the deadline for the receipt of bids in the Auction (the “Bid Deadline”) shall be a date that is no later than 180 days following the last day of the Negotiation Period. If all Series A1 Preferred Members are Participating Members, then any bid involving the direct or indirect participation of any Preferred Member or any Affiliate of any Preferred Member shall be submitted by the Bid Deadline in last-and-best offer form and may not be later modified to “top” other bids. Such restriction shall be reflected in the bid procedures letter distributed to potential bidders.
Auction Process. The Selling Parties and Parent acknowledge that (i) this Agreement and the other Transaction Documents are the culmination of an extensive auction process, fair in substance and procedure, undertaken by the Selling Parties and Parent to identify and negotiate a transaction with a bidder who was prepared to give the best offer for the Securities, (ii) they have selected Buyer as the successful bidder in accordance with the bidding procedures established for such auction and (iii) this Agreement constitutes the best offer for the Securities.
