SWITCHING TO AN OFFER. 3.1 The parties currently intend that the Acquisition will be implemented by way of the Scheme. However, the Bidder shall be entitled, with the consent of the Panel, to implement the Acquisition by way of the Offer rather than the Scheme (such election being a “Switch”).
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Samples: Private and Confidential (Berry Global Group Inc), Strictly Private and Confidential
SWITCHING TO AN OFFER. 3.1 6.1 The parties currently intend that the Acquisition will be implemented by way of the Scheme. However, the Bidder Bidco shall be entitled, with the consent of the PanelPanel (if required), to implement the Acquisition by way of the an Offer rather than the Scheme (such election being a “Switch”).) only if:
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Samples: greshamhouse.com
SWITCHING TO AN OFFER. 3.1 6.1 The parties currently intend that the Acquisition will be implemented by way of the Scheme. However, the Bidder Bidco shall be entitled, with the consent of the PanelPanel (if required), to elect at any time to implement the Acquisition by way of the Offer an Offer, rather than the a Scheme (such election being a “Switch”).) if:
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Samples: Operation Agreement