Company BFO definition
Examples of Company BFO in a sentence
An ISE Exercise Notice shall constitute an irrevocable and binding commitment by ISE Holdings to enter into an agreement to effectuate the Company Sale in accordance with the Company BFO and this Section 6.5. ISE Holdings shall, no later than the last calendar day of the ISE Option Period, deliver written notice to the Company and the other Initial Members (the “ISE Non- Exercise Notice”) if it does not intend to exercise the ISE ROFR.
ISE Holdings shall have the option to enter into the Company Sale in place of the Potential Purchaser on substantially similar terms and conditions as set forth in the Company BFO and for [Redacted-Business Confidential] of the Sale Price if the Sale Notice is delivered during the [Redacted-Business Confidential] years immediately following the Merger Date (the “ISE ROFR”); provided, that consummation of the ISE ROFR shall not result in a violation of the limitations set forth in Article XII.
Notwithstanding anything to the contrary herein, if the consideration to be provided pursuant to the Company BFO is other than for all cash, the right to enter into the Company Sale hereunder may be exercisable in cash at the fair market value of the securities or other property which constitute the Company BFO.