Examples of Bona fide offer to purchase in a sentence
For purposes of this Agreement, “Fair Market Value” of Units proposed to be Transferred shall be the price specified in a Bona Fide Offer to Purchase, if any, otherwise the most recently quoted price of a share of Class A common stock of the Corporation on a recognized securities exchange or through NASDAQ, if any, otherwise the book value of such Units.
The foregoing notwithstanding, if the closing date set by the Voting Trustee falls within that period of time between the close of the Corporation’s fiscal quarter and the date upon which the book value is available or if the appraisal procedure provided in subparagraph 5.G above, has not been completed, then the Voting Trustee may defer the closing, other than in the case of a Bona Fide Offer to Purchase, for not more than 90 days from the closing date initially established by the Voting Trustee.
Consideration payable upon the exercise of an option resulting from a Bona Fide Offer to Purchase hereunder shall be at the same price and upon the same terms and conditions contained in the Bona Fide Offer to Purchase.
The Parties further agree that the Purchase Price shall be subject to adjustment (a) as provided in Section 2.3 (Dropped Premises), (b) as provided in Section 4.5 (Purchased Premises Subject to Right of First Refusal or Bona Fide Offer to Purchase), (c) as provided in Section 4.7 (Casualty Loss) and (d) as provided in the Environmental Agreement with respect to USTs to be removed prior to or after the Effective Time.
Upon any proposed Transfer of Units other than to a Permitted Transferee, including a proposed Transfer pursuant to a Bona Fide Offer to Purchase, the Transferor shall first offer such Units to the Voting Trust Unit Holders (other than the Transferor) as provided in this subparagraph 5.D.