Competing Bid definition

Competing Bid shall have the meaning set forth in Section 7.2(b).

Competing Bid means a Take-over Bid that: (i) is made while another Permitted Bid is in existence, and (ii) satisfies all the components of the definition of a Permitted Bid, except that the requirements set out in Clause (ii) of the definition of a Permitted Bid shall be satisfied if the Take-over Bid shall contain, and the take up and payment for securities tendered or deposited thereunder shall be subject to, an irrevocable and unqualified condition that no Voting Shares shall be taken up or paid for pursuant to the Competing Bid prior to the close of business on the date that is no earlier than the date which is the later of thirty-five (35) days after the date the Competing Bid is made or sixty (60) days after the earliest date on which any other Permitted Bid or Competing Bid that is then in existence was made and only if at that date, more than fifty percent (50%) of the then outstanding Voting Shares held by Independent Shareholders have been deposited or tendered to the Competing Bid and not withdrawn.

Competing Bid shall have the meaning set forth in Section 7.1. “Deposit” shall have the meaning set forth in Section 3.1.

Examples of Competing Bid in a sentence

• In addition, the Rights will be redeemed automatically in the event of a successful Permitted Bid, Competing Bid or a bid for which the Board has waived the operation of the Rights Plan.

• If no Competing Bid is determined by the Canadian Bankruptcy Court to constitute a Superior Competing Bid, the Canadian Assets shall be transferred to Canadian Newco on the Effective Date pursuant to the terms of the Asset Purchase Agreement, and such transfer shall be approved by the Bankruptcy Court pursuant to the Confirmation Order and by the Canadian Bankruptcy Court pursuant to the CCAA Vesting Order.

• The Parties agree that neither the failure to obtain a court order nor any action with respect to a Competing Bid (as defined below), to the extent permitted hereunder, shall be deemed to be a failure to use the efforts required to satisfy the conditions to consummation of the transactions contemplated hereunder nor a breach hereunder.

• Any Competing Bid shall include a cash payment in the minimum amount of $14,000,000.

• Any party submitting a Competing Bid shall execute the Escrow Agreement and be bound by its terms.

More Definitions of Competing Bid

Competing Bid means a Take-over Bid that: (i) is made while another Permitted Bid is in existence, and (ii) satisfies all the components of the definition of a Permitted Bid, except that the requirements set out in Clause (ii) of the definition of a Permitted Bid shall be satisfied if the Take-over Bid shall contain, and the take up and payment for securities tendered or deposited thereunder shall be subject to, an irrevocable and unqualified condition that no Voting Shares shall be taken up or paid for pursuant to the Competing Bid prior to the close of business on the date that is no earlier than the date which is the later of thirty-five (35) days after the date the Competing Bid is made or sixty (60) days after the earliest date on which any other Permitted Bid or Competing Bid that is then in existence was made and only if at that date, more than fifty percent (50%) of the then outstanding Voting Shares held by Independent Shareholders have been deposited or tendered to the Competing Bid and not withdrawn; provided always that a Competing Bid will cease to be a Competing Bid at any time when such bid ceases to meet any of the provisions of this definition and any acquisitions of securities made pursuant to such bid that has ceased to be a Competing Bid, including any acquisition of securities theretofore made, will cease to be a Permitted Bid Acquisition.

Competing Bid has the meaning set forth in Section 5.1.

Competing Bid means any bid contemplating an Alternative Transaction.

Competing Bid has the meaning ascribed thereto in Section 4.13.

Competing Bid means (i), in relation to Nykredit, Finansiel Stabilitet, FS Finans and Clipper Group, a competing bid from any third party independent of Mols-Linien, Nykredit, Finansiel Stabilitet, FS Finans, Clipper Group, Polaris and the Offeror to buy all Shares in the Company, including the Shares held by Nykredit, Finansiel Stabilitet, FS Finans and Clipper Group, at a price per Share exceeding DKK 34, or (ii), in relation to Shareholders other than Nykredit, Finansiel Stabilitet, FS Finans and Clipper Group, a competing bid as defined in Section 26 of the Danish Takeover Order.

Competing Bid means an offer by any member of the Buyer Group or any 13D Group to acquire Voting Stock of the Company that, if consummated, would result in a Change of Control of the Company; provided that such offer follows a publicly announced offer by any Person (other than any member of the Buyer Group or any 13D Group) that, if consummated, would result in a Change of Control of the Company.

Competing Bid has the meaning set forth in Section 6.13(a).