Bid Requirements. Except as expressly provided to the contrary by this Agreement, all bids must satisfy the following requirements (collectively, the "Bid Requirements"):
(i) the Sellers must determine, after consultation with A&M and the Committee, that the bid (A) is not materially more burdensome or conditional than the transaction described in this Agreement (including, for this purpose, a determination that there is a high certainty of timely consummation) and (B) has a value not less than the sum of (x) $88,900,000 (which amount represents the sum of (i) the Purchase Price payable by the Purchaser under this Agreement, including the Purchaser's Deposit, (ii) $2,800,000, the amount of the Break-up Fee, (iii) $500,000, the amount of the Overbid Increment, and (iv) $600,000, the maximum amount of the Expense Reimbursement), plus (y) the consideration to the Sellers arising from the assumption of the Assumed Liabilities under this Agreement, plus (z) all other consideration to the Sellers under this Agreement;
(ii) the bid is on substantially the same or better terms and conditions than those set forth in this Agreement;
(iii) the bid is not conditioned upon the Bankruptcy Court's approval of any bid protections, such as a break-up fee, termination fee, expense reimbursement or similar type of payment;
(iv) the bid is not conditioned upon the Potential Bidder's financing requirements and is accompanied by reasonable evidence (in the form of ______________) of the Potential Bidder's financial ability to promptly consummate its Qualified Overbid;
(v) the bid acknowledges and represents that the bidder: (A) has had a full opportunity to conduct all due diligence regarding the Purchased Assets and the Assumed Liabilities prior to making its bona fide, written offer; (B) has relied solely upon its own independent review, investigation and/or inspection of any documents and/or the Purchased Assets in making its bid; (C) did not rely upon any written or oral statements, representations, promises, warranties or guaranties whatsoever, whether express, implied, by operation of law or otherwise, regarding the Purchased Assets, or the completeness of any information provided in connection therewith or the Auction, except as expressly stated in these Bidding Procedures and the Sellers' representations and warranties in this Agreement; and (D) is not contingent upon any additional due diligence or approvals of any Governmental Authority; and
(vi) the bid is received by the Bid Deadline...
Bid Requirements. [The ITB shall contain a Bid Price requirement unless using a Multistep Sealed Bids process where unpriced Bids are required. See ORS 279B.055(12), which requires a subsequent ITB, and OAR 125-247-0255(d).]
Bid Requirements. Bidders shall submit Bids into the Centralized TCC Auction in accordance with this Attachment M and ISO Procedures. Bidders shall submit Bids such that the sum of the value of its Bids shall not exceed that bidder’s ability to pay for TCCs, as determined by ISO Procedures.
Bid Requirements. Qualifying bids for the Property must meet the criteria set forth in the Bid Procedures.
Bid Requirements. This and all other pages/sections are inclusive in the bid specifications and are agreed upon in the Contract Term Agreement as Contractual Provisions.
Bid Requirements. Except as expressly provided to the contrary by this Agreement, all bids must satisfy the following requirements (collectively, the “Bid Requirements”):
(i) the Sellers must determine, after consultation with A&M and the Committee, that the bid (A) is not materially more burdensome or conditional than the transaction described in this Agreement (including, for this purpose, a determination that there is a high certainty of timely consummation) and (B) has a value not less than the sum of (x) $88,900,000 (which amount represents the sum of (i) the Purchase Price payable by the Purchaser under this Agreement, including the Purchaser’s Deposit, (ii) $2,800,000, the amount of the Break-up Fee, (iii) $500,000, the amount of the Overbid Increment, and (iv) $600,000, the maximum amount of the Expense Reimbursement), plus (y) the consideration to the Sellers arising from the assumption of the Assumed Liabilities under this Agreement, plus (z) all other consideration to the Sellers under this Agreement;
(ii) the bid is on substantially the same or better terms and conditions than those set forth in this Agreement;
(iii) the bid is not conditioned upon the Bankruptcy Court’s approval of any bid protections, such as a break-up fee, termination fee, expense reimbursement or similar type of payment;
(iv) the bid is not conditioned upon the Potential Bidder’s financing requirements and is accompanied by reasonable evidence (in the form of ) of the Potential Bidder’s financial ability to promptly consummate its Qualified Overbid;
(v) the bid acknowledges and represents that the bidder: (A) has had a full opportunity to conduct all due diligence regarding the Purchased Assets and the Assumed Liabilities prior to making its bona fide, written offer; (B) has relied solely upon its own independent review, investigation and/or inspection of any documents and/or the Purchased Assets in making its bid; (C) did not rely upon any written or oral statements, representations, promises, warranties or guaranties whatsoever, whether express, implied, by operation of law or otherwise, regarding the Purchased Assets, or the completeness of any information provided in connection therewith or the Auction, except as expressly stated in these Bidding Procedures and the Sellers’ representations and warranties in this Agreement; and (D) is not contingent upon any additional due diligence or approvals of any Governmental Authority; and
(vi) the bid is received by the Bid Deadline.
Bid Requirements. Subrecipient or its Subcontractors shall obtain the following price bids before awarding a contract that will be funded in whole or in part with CDBG Funds: (a) when a contract provides for an expenditure equal to or less than $10,000 in total, Subrecipient may award the contract based on, at least, two (2) written price bids from different sources; (b) when a contract provides for an expenditure greater than $10,000, but equal to or less than $50,000 in total, Subrecipient may award the contract after soliciting written price bids from, at least, five (5) potential sources and receiving, at least, three (3) written price bids from different sources; or (c) when a contract provides for an expenditure greater than $50,000, but equal to or less than $1,000,000 in total, Subrecipient may award the contract only after advertising for sealed bids or proposals for a minimum of five (5) days in the San Diego Daily Transcript Newspaper at least thirty (30) days before the sealed bids or proposals are due.
Bid Requirements. 4.1 For the purpose of selection of contractor, the Bid document is divided into two parts viz. the Technical Bid and the Commercial Bid. The requirements for Technical Bid are as under: -
Bid Requirements. The Electronic Bid Submission must include: Completed Attachment B - Bid Sheet, and Attachment C - Reciprocal Limitations Act Requirement. All shall be completed in its entirety and electronically attached to the bid submission.
Bid Requirements. The bidder shall provide, with his bid, literature on the liner and concrete repair materials to be used in the rehabilitation, including manufacturer's warranty information. Once the successful bidder is selected by the City, the contractor may begin the project at his convenience; however, the contractor shall complete the work not later than July 31, 2013. Any questions or requests to inspect the site should be sent to: Xx. Xxxxx Xxxxxx Wastewater Treatment Plant Superintendent (000) 000-0000 Xxxxx.xxxxxx@xxxxxxxxx.xxx
