Alternative Sale definition

Alternative Sale means a Sale which is not an Excluded Sale, and which is not undertaken in accordance with the procedures set out in clauses 3.2 to 3.17 (inclusive) of the OMA;
View Source
Alternative Sale has the meaning set forth in Section 3.5(b)(i).
View Source
Alternative Sale shall have the meaning set forth in Section 4.18.
View Source

Examples of Alternative Sale in a sentence

  • In the event that (a) this Agreement terminates pursuant to Section 4.4(e) by Purchaser or pursuant to Section 4.4(h), and (b) a Competing Transaction is consummated, then Sellers will pay to Purchaser in cash an amount (the “Break-Up Fee”) equal to the Cash Amount multiplied by the greater of (i) 3.5%; or (ii) the Alternative Sale Break-Up Fee Percentage (as defined below).

  • As soon as reasonably practicable after entry of an order approving the Modified Plan or a sale transaction at the Alternative Sale Hearing, PBGC staff will determine whether to initiate and/or proceed with the involuntary termination under 29 U.S.C. § 1342 of the Bargaining Plan and/or the Hourly Plan, which terminations shall be effective on the Termination Date.

  • Neither the Company nor any of its subsidiaries is a party to any contract agreement or understanding with any Person (other than this Agreement and the Alternative Sale Agreement) that would give rise to a valid claim against any of them or the Agent for a brokerage commission, finder’s fee or like payment as a result of any transactions contemplated by this Agreement.

  • The invalidity or unenforceability of any Article, Section, paragraph or provision of this Agreement or any article, section, paragraph or provision of the Alternative Sale Agreement shall not affect the validity or enforceability of any other Article, Section, paragraph or provision hereof.

  • If the Alternative Sale Structure is used, the Reserve Parcel Note shall also be guaranteed by an additional guaranty (the “Reserve Parcel Additional Guaranty”) from Newco2 (following Seller’s transfer of its member interests therein), which Reserve Parcel Additional Guaranty shall be in substantially the same form as the Reserve Parcel Guaranty.

  • In the event that the Closing has not occurred, at any time after January 1, 2013, unless a Purchaser Alternative Sale Notice shall previously have been delivered, Sellers shall have the right to deliver a written notice (“Seller Alternative Sale Notice” and together with the Purchaser Alternative Sale Notice, the “Alternative Sale Notice”) to Purchaser to implement the Alternative Sale Procedures to sell or otherwise dispose of the Acquired Assets.

  • If the Alternative Sale Structure is used with respect to the Second Closing, then at the Second Closing, Buyer shall execute and deliver to Seller the Assignment of Member Interests with respect to the member interests in Newco2.

  • Effective as of the Closing Date (as defined below), whether pursuant to the Debtors' proposed Modified Plan, or in the alternative, in connection with the sale transaction to be approved at the Alternative Sale Hearing, PBGC shall receive an allowed prepetition general unsecured claim against each of the Debtors in the aggregate amount of $3.0 billion (the "Allowed PBGC General Unsecured Claim").

  • Purchaser shall give prompt notice to Seller during such 15-day period of any Alternative Sale Proposal, and Seller, notwithstanding Sections 1.1 and 1.3 of Annex K, shall sell the Offered Shares to the Alternative Buyer on the terms described in the Alternative Sale Proposal.

  • Seller shall not be required to execute any other affidavits, including, but not limited to, any non-imputation affidavit if the parties use the Alternative Sale Structure.


More Definitions of Alternative Sale

Alternative Sale has the meaning ascribed thereto in Section 17.03 hereto;
View Source
Alternative Sale. Section 10.2. “Base Price” – Section 12.1. “Breach Notice” – Section 14. “City” – Preamble (page 1).‌‌‌‌ “City Deed of Trust” – Recital F.
View Source
Alternative Sale has the meaning given that term in Section 9.08(c).
View Source

Related to Alternative Sale

  • Alternative school means an environment established apart from the regular educational program and that includes policies and rules, staff, and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district or by the school districts participating in a consortium. Students attend by choice.

  • Alternative Transaction means the sale, transfer, lease or other disposition, directly or indirectly, including through an asset sale, stock sale, merger or other similar transaction, of all or substantially all of the Purchased Assets in a transaction or a series of transactions with one or more Persons other than Purchaser (or its Affiliates).

  • Alternate Transaction shall have the meaning assigned to such term in Section 6.7(iii) hereof.

  • Alternative Investment Vehicle means an entity created in accordance with the Operative Documents of a Borrower to make investments and that has the right to call on Capital Commitments directly from Investors.

  • Alternative Proposal has the meaning set forth in Section 6.2(b).