Competing Bidders Sample Clauses

Competing Bidders. (a) Any third-party that in good faith requests of Sellers in writing an opportunity to conduct due diligence to prepare and submit a Competing Bid (i) shall be given complete access to public information; and (ii) with respect to nonpublic information of a proprietary or confidential nature, shall be given access for the sole purpose of submitting a Competing Bid, provided that the Competing Bidder first executes a confidentiality agreement, substantially in the form of Exhibit R hereto (the "Confidentiality Agreement"), which contains a provision in which the Competing Bidder is advised and acknowledges that the Managers and Franco are members of the Purchasing Group and submits to the jurisdiction of the Bankruptcy Court for purposes of enforcement of such Confidentiality Agreement. (b) If a closing under an agreement with a successful Competing Bidder is not timely concluded, the Seller shall be authorized without further Bankruptcy Court Order promptly to conclude the transaction with the next highest willing bidder in accordance with the terms of the next highest Competing Bid (provided the next highest Competing Bid otherwise complies with this Agreement). (c) Any and all Competing Bid Deposits submitted by unsuccessful Competing Bidders shall be returned to their respective Competing Bidder, unless the Competing Bidder shall have been deemed to have been in default of its Competing Bid in which case the Competing Bid Deposit shall be kept by the Seller.
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Competing Bidders. 32 EXHIBITS Exhibit A Form of Escrow Agreement Exhibit B Form of Guarantee of Peter R. Harvey Exhibit C Form of Guarantee of Maxx X. Xxxxxx Xxhibit D [INTENTIONALLY OMITTED] Xxxxxxx X Xxxx of Guarantee of The Lori Corporation Exhibit F Form of Guarantee of AXXXX Group Incorporated Exhibit G [INTENTIONALLY OMITTED] Exhibit H Form of Certification that an Entity Transferor is Not a Foreign Person Exhibit I Form of General Release and Waiver of Donald J. Amoruso Exhibit J Form of General Releaxx xxx Xxxxxx xx Gordian Group, L.P. Exhibit K Form of Mutual Release and Waiver Between Spectrum Global Services, Inc. and Gerald K. Sandler Exhibit L [INTENTIONALLY OMITTEX] Xxxxxxx X Xxxx of Mutual Release Between Spectrum Information Technologies Inc. and James L. Paterek Exhibit N Form of Mutual Release Xxxxxxx Xxxxxxxm Information Technologies, Inc. and Michael Ferrentino Exhibit O Form of Mutual Releaxx Xxxxxxx Xxxxxxxm Information Technologies, Inc. and Christopher P. Franco Exhibit P Form of Manager Exxxxx Xxxxxxxxx Xxxxxit Q Form of Non-Competition Agreement Exhibit R Form of Confidentiality Agreement STOCK PURCHASE AGREEMENT STOCK PURCHASE AGREEMENT dated September 11, 1995 by and among SPECTRUM INFORMATION TECHNOLOGIES, INC., a corporation organized under the laws of the State of Delaware ("Seller") and THE LORI CORPORATION, a corporation organized under txx xaws of the State of Delaware ("Lori"), COMFORCE CORP., a corporation organized uxxxx the laws of the State of Delaware ("Purchaser"), ARTRA GROUP INCORPORATED, a corporation organized under the laws of the State of Pennsylvania ("ARTRA"), PETER R. HARVEY ("Harvey"), MARC L. WERNER ("Wernxx"), XXXXX X. PATXXXX ("Patxxxx"), XXXXXXL FXXXXXXINO ("Xxxxxxxxxx"), and XXXXXXOPHEX X. XXXXXX ("Xxxxco").

Related to Competing Bidders

  • JOB BIDDING Section 1. All job vacancies will be posted as follows: a.) The position will be posted on Kaleidascope for seven (7) calendar days. b.) The posting shall include the position (job title), posting dates, status, hours per pay period, shift, starting and ending times, pay grade and the qualifications for the position as defined in the job description for the position. A copy of all job postings will be sent to the Union. c.) Employees may not be accepted for posted positions until they have completed six (6) months of employment. In addition, an employee who has transferred to a position must remain in that position for six (6) months before applying for another posted position. Except that an employee may apply for a posted position which is at a higher pay grade without regard to the six (6) month limit. This paragraph shall not apply to intra cost center shift change or intra cost center status changes. Section 2. Posted positions shall be filled by the most senior qualified applicant from within the bargaining unit. If the position cannot be filled from within the bargaining unit, the Employer may fill the position from any source available to the Employer, provided the candidate meets all of the qualifications for hiring into that position. In all instances, the appropriate manager is responsible for the interview and selection of applicants within fourteen (14) days of the end of the posting. Section 3. A qualified applicant shall be defined as an employee who possesses the entry level qualifications in the job description and is able to do the work when required. Ability to do the work and documented performance, inclusive of disciplinary record, may be considered when awarding a position. The Employer will notify all applicants of the result of their bid in a timely manner not to exceed two (2) weeks from the date the position is awarded. Section 4. A successful bidder shall be required to serve a sixty (60) calendar day trial period exclusive of any classroom training required. At the midpoint of the trial period the employee shall be evaluated and given written notification if a problem exists. During the trial period, the employee will be returned to his/her original position if the employee elects to be returned or the Employer finds the employee is unsatisfactory in the new position.

  • BIDDERS 4.1 All intending bidders shall be required to verify their identities by producing for inspection by the Auctioneer their identity cards prior to the commencement of the Auction Sale, failing which they shall not be entitled to participate in the bidding. 4.2 In the event that the Auctioneer in his absolute discretion so request, the intending bidders shall deposit with the Auctioneer a photocopy of their respective identity cards. 4.3 In the event that an intending bidder is bidding at the Auction Sale on behalf of another party, such intending bidder (`the Agent’) shall be deemed to be an agent of the party for whom he is bidding the Property for. 4.4 For Bumiputera lot or if the sale is restricted to Bumiputera only, only Bumiputera is allowed to purchase or to bid or to act for and on behalf of the bidder. For Malay Reserve Land or Native Land, only Malay or Native is allowed to purchase or to bid or to act for and on behalf of the bidder. For all other special quota lot, only the race/party identified in the special quota lot therein is allowed to purchase or to bid or to act for and on behalf of the bidder. 4.5 A foreign citizen or foreign company is only allowed to bid for the Property subject to the prevailing legal requirements, guidelines and/or existing policies and if the bid is successful, the sale is subject to the foreign citizen or foreign company applying and obtaining at his/her/its own costs the unconditional consent of the Foreign Investment Committee (if any) and/or relevant State Authorities to the said sale in accordance with the terms stated. 4.6 Prior to the commencement of the Auction Sale the Agent shall disclose to the Auctioneer that he, the Agent, will be bidding the Property in his capacity as Agent for the Purchaser. The Agent shall further prior to the commencement of the Auction Sale disclose to the Auctioneer the identity of the Purchaser. 4.7 The Agent shall deposit with the Auctioneer prior to the commencement of the Auction Sale such instrument of authority from the Principal authorizing the Agent to bid at the Auction Sale. The Auctioneer shall have the absolute discretion to determine whether the instrument of authority is acceptable to the Auctioneer to permit the Agent to bid at the Auction Sale. The decision of the Auctioneer in this respect shall be final.

  • Competing Business Competing Business" means any financial institution or trust company that competes with, or will compete in any of the Counties with, the Bank or any affiliate of the Bank. The term "Competing Business" includes, without limitation, any start-up or other financial institution or trust company in formation.

  • Shift Bidding 1. Commencing October 1 of each calendar year, shift bids will be open for the following year. The selection of work shifts will be made by the seniority bid process. Those with the highest seniority will bid first among their job classification within the Patrol Division. Seniority will be based on hire date to, or promotion date of, your job classification. Positions include Patrol Officer and Patrol Sergeant. Shifts will be bid for an entire calendar year with markup changes on January 1, April 1, July 1, and October 1. Each Employee will be allotted a maximum of two (2) work days after notification to complete his/her bidding. 2. Shift selection shall be assigned through the seniority bidding process for all Guild members, excluding probationary officers. The Chief of Police shall have exclusive discretion to assign probationary officers to shifts based upon a need to further training, to evaluate and to meet departmental needs. Probationary assignments shall be made without altering non-probationary officer(s) shift bids if at all possible. In the event non- probationary officer(s) bid upon shifts are changed, the shift re-bid process defined in Article 8 (D) shall apply. Upon completion of probation, an officer will then be included in the seniority bidding process based upon their original date of hire. (prior MOU draft) 3. The Chief of Police retains the exclusive right to determine the starting time of the work shifts and the number of shifts in a work day; provided that in the event that an Employee’s routine shift starting time is changed by more than two (2) hours and/or the Employee’s routine work days are changed after the bidding process, the Department must provide notice of the shift changes in accordance with Article 8 (F) and must allow for the opportunity of a shift rebid process. 4. This section shall be interpreted as a waiver of the Guild’s right to bargain changes in the starting times of work shifts in accordance with its terms, but shall not be considered a waiver of the Guild’s right to require the Employer to bargain over changes in the length of the work shifts, for example, five 8’s, four 10’s, 10:40’s, 11:25’s, 12’s, etc.

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Competitors The Owner shall possess, in accordance with the terms of this Agreement, the following restrictions: (check one)

  • Competitive Business “Competitive Business” shall mean an enterprise that is in the business of offering banking products and/or services, which services and/or products are similar or substantially identical to those offered by the Bank during Executive’s employment with the Bank.

  • Solicitations From and after the Closing Date, the Servicer agrees that it will not take any action or permit or cause any action to be taken by any of its agents and Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Servicer's behalf, to personally, by telephone or mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; provided, that the Servicer may solicit any Mortgagor for whom the Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, another mortgage company has pulled a credit report on the mortgagor or the mortgagor initiates a title search; provided further, it is understood and agreed that promotions undertaken by the Servicer or any of its Affiliates which (i) concern optional insurance products or other additional products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio, telephone and television advertisements shall not constitute solicitation under this Section, nor is the Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Furthermore, the Servicer shall be permitted to include in its monthly statements to borrowers or otherwise, statements regarding the availability of the Servicer's counseling services with respect to refinancing mortgage loans.

  • Competitive Bidding 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.

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