Bidder’s Statement and Target’s Statement Sample Clauses

Bidder’s Statement and Target’s Statement. (a) Brookfield will procure that Brookfield Sub will, to the extent practicable, give Asciano a reasonable opportunity to review an advanced draft of the Bidder’s Statement at least 5 Business Days before Brookfield Sub lodges the Bidder’s Statement with ASIC, and will consult in good faith with Asciano with respect to any comments Asciano may have. (b) Asciano will, to the extent practicable, give Brookfield a reasonable opportunity to review an advanced draft of the Target’s Statement at least 5 Business Days before Asciano lodges the Target’s Statement with ASIC, and will consult in good faith with Brookfield in relation to any comments Brookfield may have. (c) Asciano will provide all relevant assistance reasonably required by Brookfield in connection with Brookfield Sub’s preparation of the Bidder’s Statement and assistance in connection with the Offers generally and Brookfield will provide all relevant assistance reasonably required by Asciano in connection with Asciano’s preparation of the Target’s Statement. (d) Brookfield and Asciano will take responsibility for their information in connection with the Bidder’s Statement and Target’s Statement and any supplementary Bidder’s Statement and Target’s Statement, on materially the same basis as the parties have taken responsibility for information in the Scheme Booklet (and the Bidder’s Statement and Target’s Statement and any supplementary Bidder’s Statement and Target’s Statement will contain responsibility statements (as applicable) to that effect).

Bidder’s Statement and Target’s Statement. (a) BC Iron will, to the extent practicable, give IOH a reasonable opportunity to review an advanced draft of the Bidder’s Statement, and will consult in good faith with IOH with respect to any comments IOH may have. (b) IOH will, to the extent practicable, give BC Iron a reasonable opportunity to review an advanced draft of the Target’s Statement, and will consult in good faith with BC Iron in relation to any comments BC Iron may have.

Bidder’s Statement and Target’s Statement. (a) The Bidder will, to the extent practicable, give LinQ Capital a reasonable opportunity to review an advanced draft of the Bidder’s Statement before the Bidder lodges the Bidder's Statement with ASIC, and will consult in good faith with LinQ Capital with respect to any of LinQ Capital's comments. (b) LinQ Capital will, to the extent practicable, give the Bidder a reasonable opportunity to review an advanced draft of the Target’s Statement before LinQ Capital lodges the Target's Statement with ASIC, and will consult in good faith with the Bidder with respect to any of the Bidder's comments. (c) LinQ Capital must provide any assistance and information reasonably requested by the Bidder to enable the Bidder to prepare and finalise the Bidder's Statement. (d) The Bidder must provide any assistance and information reasonably requested by LinQ Capital to enable LinQ Capital to prepare and finalise the Target's Statement.

Bidder’s Statement and Target’s Statement. (a) Bidder must prepare the Bidder’s Statement in compliance with the Corporations Act. (b) Target must prepare the Target’s Statement in compliance with the Corporations Act. (c) Target must ensure that the Target’s Statement: (i) prominently displays the recommendation of the Independent Directors referred to in clause 2.2(a) (including, without limitation, on the cover of the Target’s Statement); and (ii) includes a statement that each Independent Director will accept the Offer in respect of all Target Shares held or controlled by them no later than five Business Days before the end of the Offer Period, subject to the Independent Expert Report stating that the Offer is fair and reasonable and in the absence of a Superior Proposal.

Bidder’s Statement and Target’s Statement. (a) Bidder must prepare the Bidder’s Statement in compliance with the Corporations Act, Takeovers Panel decisions and guidance notes and ASIC regulatory guides and must obtain Target’s written consent to the inclusion of information relating to the Target Group in the Bidder’s Statement in the form and context in which it appears (such consent not to be unreasonably withheld or delayed). (b) Target must prepare the Target’s Statement in compliance with the Corporations Act, Takeovers Panel decisions and guidance notes and ASIC regulatory guides. (c) Target must ensure that the Target’s Statement: (i) prominently displays the recommendation of the Independent Directors referred to in clause 2.2(a) (including, without limitation, on the cover of the Target’s Statement); and (ii) includes a statement that each Independent Director will accept the Offer in respect of all Target Shares held or controlled by them no later than five Business Days before the end of the Offer Period, subject to the Independent Expert Report stating that the Offer is reasonable and in the absence of a Superior Proposal.

Bidder’s Statement and Target’s Statement. (a) The Bidder may use Confidential Information relating to the Target for the purpose of preparing the Bidder's Statement, but must consult with the Target and act reasonably in relation to any disclosure of Confidential Information in the Bidder's Statement. (b) The Target may use Confidential Information relating to the Bidder for the purpose of preparing the Target's Statement, but must consult with the Bidder Bid Implementation Agreement Page 42 and act reasonably in relation to any disclosure of Confidential Information in the Target's Statement.