Competing Plan definition
Examples of Competing Plan in a sentence
PLAN - IPA represents that, during the term of this Agreement, the compensation rates payable under this Agreement are and shall continue to be equal to or less than the rates charged under other IPA agreements for the provision of services to enrollees of health care service plans ("Competing Plan Agreements"), when such rates are adjusted to reflect different risk levels and programs under the Competing Plan Agreements (the "Adjusted Rates").
Within thirty (30) days thereafter, PacifiCare and IPA shall meet to discuss implementation of new compensation rates under this Agreement which shall be equal to or less than the Adjusted Rates accepted under the Competing Plan Agreement.
If at any time IPA agrees or has agreed to accept lower Adjusted Rates under a Competing Plan Agreement than the rates set forth in this Agreement, or any amendment hereto, IPA shall immediately notify PacifiCare in writing of such agreement and the applicable lower Adjusted Rates.
If the parties fail to agree to implementation procedures for the new rates within thirty (30) days of the effective date of the Competing Plan Agreement, the compensation rates under this Agreement will be lowered upon notice to IPA from PacifiCare to equal the lower Adjusted Rate.
The new compensation rates shall be effective the date the lower Adjusted Rates become effective under the Competing Plan Agreement.
Any Competing Plan Sponsor must disclose to the Debtors in its proposal (1) the identity of all participants providing funding for the proposal, (2) the specific amount, source, and type of funding to be provided by each such participant, (3) the identity of any person or entity who will participate in any way in the proposal without providing funding, and the nature of such participation, and (4) the principals of each entity that will participate in the Competing Plan Sponsor's proposal.
Buyer acknowledges that it shall not, in any event, including without limitation (i) the non-acceptance by Seller or Company of this Agreement, (ii) the approval of the Bankruptcy Court of a sale of the Closing Shares or Riverboat Casino Assets to Penn or any other third Person other than Buyer, or (iii) the approval of the Bankruptcy Court of a Competing Plan, be entitled to any type of break-up fee in connection with this Agreement or the contemplated purchase and sale of the Closing Shares.
If no Qualified Competing Plan Proposal is received by the Qualified Competing Plan Proposal Deadline, or if no proposal is approved by this Court by the Approval Deadline, the Merger Agreement and Investment Agreements shall automatically be deemed to be the Approved Proposal without any further action by the Court or any other party.
Any such Reimbursement Fee shall be payable on the date on which an agreement to consummate a Competing Transaction is made or a plan of reorganization contemplating a Competing Plan is filed.
IPA's failure to notify PacifiCare of the acceptance of lower Adjusted Rates from a Competing Plan shall be grounds for termination of this Agreement by PacifiCare pursuant to Section 7.01.01(d).