Form and Content of Overbid Sample Clauses

Form and Content of Overbid. In order to be a Qualified Overbid, any overbid 4 must include an executed asset purchase agreement which is in form and 5 substance the same as the Terraholdings Offer (other than the identity of the Purchaser and the amount of the Purchase Price, with a Purchase Price that 6 satisfies the conditions of paragraph 2 above), together with a redline of the overbidder’s asset purchase agreement showing the differences from the 7 Terraholdings Offer. Without limiting the foregoing, the overbid may not include 8 any representations, warranties or conditions to closing (including due diligence or financing contingencies) other than those set forth in the Terraholdings Offer.
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Related to Form and Content of Overbid

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