The Auction. Section 2.01. Purpose: Incorporation by Reference of Auction Procedures and Settlement Procedures....
The Auction. Agent may perform its duties and exercise its rights hereunder either directly or by or through agents or attorneys.
The Auction. Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures..................................................
The Auction. 2.1 Purposes; Incorporation by Reference of Auction Procedures and Settlement Procedures.................................. 3 2.2 Preparation of Each Auction................................ 3
The Auction. ...3 2.1 Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures............................................
...3 2.2 Preparation for Each Auction; Maintenance of Registry of Existing Holders....................................................4 2.3
The Auction. If Competing Bids have been received by the Competing Bid Deadline, commencing on December 8, 2003, at 1:30 p.m. Central Time, the Seller shall receive additional bids for the Fertilizer Assets at an Auction (as defined below). The Auction shall be organized and conducted by the Seller at the offices of Phelps Dunbar LLP in Jackson, Mississippx (xx sxxx xxher place selected by the Seller), on invitation to the Buyer and each Qualified Bidder (the "Auction"). At least two (2) Business Days prior to the Auction, the Seller shall deliver copies of all Competing Bids (including all documents described in Section 4 and the Seller's conversion of non-cash consideration into cash and the methodology used in deriving such amount) to the Buyer and each other Qualified Bidder. Bids will be received at the Auction for the Fertilizer Assets. Subsequent overbids in excess of the Alternative Minimum Purchase Price shall be in an amount of at least $500,000 in excess of the prior bid. The Break-Up Fee shall be taken into account in determining the highest or best bid in each round of bidding. The only Persons who will be permitted to bid at the Auction are authorized representatives of the Buyer and each Qualified Bidder, in each case that are physically present at the Auction. Each bid submitted at the Auction must comply with the procedures set forth herein for Competing Bids and copies of each bid (including the Seller's conversion of non-cash consideration into cash and the methodology used in deriving such amount) must be provided to the Buyer and each other Qualified Bidder at the Auction. All bids shall be made in the physical presence of the Seller, Buyer and all other Qualified Bidders. To facilitate a deliberate and orderly consideration of the Competing Bids, the Seller may adjourn the Auction at any time and from time to time and may conduct multiple rounds of bidding. If no Competing Bids are received by the Competing Bid Deadline, no Auction will be held and the Buyer's offer shall be deemed the highest or best bid.
The Auction. ... 3 2.1. Purpose: Incorporation by Reference of Auction Procedures and Settlement Procedures........................................................................................ 3 2.2. Preparation for Each Auction...................................................................... 3 2.3. Auction Schedule: Method of Submission of Orders ................................................. 4 2.4. Notices........................................................................................
The Auction. The property is being offered as an Online Only Auction. The property will be sold to the highest bidder, upon approval and acceptance of bid by seller. Seller(s) may accept or reject such bid(s) at their sole and absolute discretion. This is a “Reserve” and not “Absolute” auction.
The Auction. 4.1 Industrial Auctions reserves the right to cancel an auction earlier than reported on the website or to extend one. In case of a technical malfunction of the website, causing it not complete and/or inaccessible to all users, Industrial Auctions reserves the right to extend the auction.
4.2 The effectiveness of the internet and its website depends on many factors and many others. Industrial Auctions is not in control of many factors and can accept no liability for things they are not in control off. User and seller declare themselves familiar with and agree with the special circumstances of an internet auction and with the technical imperfections that can arise. Industrial Auctions must therefore limit its liability. For example, it may involve downtime, interruptions, delays in the connection, maintenance, updates, viruses, limited accessibility, et cetera et cetera. Industrial Auctions is not liable for any damage that might result therefrom.
4.3 Industrial Auctions hereby exclude to both the user and the seller any liability for any damage directly and/or indirectly, in any way arise, including but not limited to the damage arising from the use of the website, unless there is intent or willful recklessness of Industrial Auctions.
4.4 Industrial Auctions also accepts no liability for any damage whatsoever that arises in any way by and/or arising from: - Actions by the user that may have been prompted by information placed on the website; - The impossibility of using the website (completely) and/or another malfunction in the website or the supporting system; - The failure of the lots to the specifications as reported on the website; - The fact that the information on the website is incorrect, incomplete or out of date; - Errors in the software and/or the supporting system of the website; - The unlawful use of systems, including the website of Industrial Auctions by a third party; - Acts of the seller after the user has concluded a purchase agreement;
4.5 Industrial Auctions organizes online auctions on behalf of sellers. She does not sell own products. Industrial Auctions reserves the right to cancel an auction, earlier than reported on the website, or to extend one.
The Auction. ... 3 2.1 Purposes; Incorporation by Reference of Auction Procedures and Settlement Procedures............................................ 3 2.2 Preparation of Each Auction...................................... 3 2.3 Auction Schedule; Method of Submission of Order.................. 5 2.4 Notices.......................................................... 7 2.5 Designation of Special Rate Period............................... 7 2.6 Service Charge to be Paid to BD.................................. 8 2.7 Settlement....................................................... 8
