Alternate Bidder definition

Alternate Bidder shall have the meaning set forth in Section 8.09(a).
Alternate Bidder means any Person (or group of Persons) other than Buyer or its Representatives.
Alternate Bidder has the meaning set forth in Section 5.2(g).

Examples of Alternate Bidder in a sentence

  • If contract terms can be agreed upon with the Alternate Bidder, the User Department will prepare an agenda item and make a presentation to the City Council to obtain approval for contract award.

  • If an Auction is conducted, and the Selling Entities do not choose Buyer as the Successful Bidder, but instead chooses Buyer as the Alternate Bidder, Buyer may elect to be the Alternate Bidder in its sole discretion.

  • Following the Closing, if requested by Buyer, Seller agrees, at Buyer’s expense, to use commercially reasonable efforts to enforce any Seller Confidentiality Agreement relating to confidentiality obligations of an Alternate Bidder (and related remedies in the event the Alternate Bidder breaches such obligations) with respect to any “Confidential Information” (as such term is defined in the Confidentiality Agreement) with respect to the Business or any Acquired Company.

  • In the event that this Agreement is terminated pursuant to Sections 7.1(b), 7.1(e), 7.1(f) (but only if at the time of such termination, the Purchaser is the Alternate Bidder (as such term is defined in Exhibit 1 to the Bidding Procedures Order)) or 7.1(g), in addition to any Breakup Fee, the Purchaser will be paid reimbursement of the Purchaser’s actual out-of-pocket due diligence cost and expenses, in an amount not to exceed seven hundred and fifty thousand dollars ($750,000) (“Reimbursement”).

  • If Buyer is chosen as and elects to be the Alternate Bidder, Buyer will be required to keep its bid to consummate the transactions contemplated by this Agreement on the terms and conditions set forth in this Agreement (as the same may be improved upon by Buyer prior to or at the Auction) open and irrevocable until the closing of the sale of the Assets to the Successful Bidder.


More Definitions of Alternate Bidder

Alternate Bidder means any Person or Entity that proposes a CompetingTransaction.
Alternate Bidder will mean the bidder with the next-highest or otherwise second-best bid as determined in accordance with the Bidding Procedures.
Alternate Bidder shall have the meaning set forth in Section 6.02.
Alternate Bidder has the meaning set forth in Section 5.18(a).
Alternate Bidder means the bidder with the next highest or otherwise second-best bid for the Assets, as determined in accordance with the Bidding Procedures. “Alternative Financing” has the meaning set forth in Section 8.10(d). “Alternative Financing Commitment Letter” has the meaning set forth in Section 8.10(d). “Alternative Transaction” means a sale, transfer, or other disposition, whether direct or indirect, whether by means of an asset sale (other than a liquidation or other sale of assets where the Business is not continuing as a going-concern), merger, sale of stock, amalgamation, reorganization, or otherwise (including through a standalone plan of reorganization), of (a) beneficial ownership of a majority of the equity interests of the Selling Entities or (b) any material portion of the Assets, in a transaction or a series of transactions with one or more Persons, other than the Buyer and/or its Affiliates; provided, that nothing in this Agreement shall be deemed to prohibit or limit in any manner (and “Alternative Transaction” shall not include) sales of inventory and product sales or other dispositions of immaterial or obsolete assets in the ordinary course of business or sales of assets that would not require Buyer’s consent pursuant to Section 7.02. “Anti-Corruption Laws” has the meaning set forth in Section 5.17. “Anti-Money Laundering Laws” has the meaning set forth in Section 5.17(b).
Alternate Bidder has the meaning specified in Section 8.15.
Alternate Bidder shall have the meaning set forth in Section 8.20. “Alternative 1” shall have the meaning set forth in Schedule 7.03(b)(iv). “Alternative 2” shall have the meaning set forth in Schedule 7.03(b)(iv).