Competitive Offer definition

Competitive Offer means (i) a tender or exchange offer for the acquisition of any Company Shares, commenced by any person other than a member of the Purchasers’ Group, as provided under the Chilean Securities Market Law, or (ii) a tender or exchange offer for the acquisition of any Company Shares represented by American Depositary Shares by any person other than a member of the Purchasers’ Group, as provided under applicable U.S. federal securities Laws;
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Competitive Offer is defined as a binding offer that: (i) is from a licensed interexchange carrier ("Alternative Carrier"); (ii) contains an "Aggregate Price" that is at least five percent (5%) lower than the total price that would be charged by Qwest to provision the Facility under the terms of the Agreement; (iii) provides for a Facility of the type that would be provisioned by Qwest hereunder; and (iv) contains terms and conditions that do not materially differ from those of this Agreement, except that with respect to a minimum monthly recurring charge requirement and term, such terms and conditions must be identical to those of this Agreement. As used herein, "Aggregate Price" shall be defined as the total price (including pass-through access/egress (or related) charges imposed by third parties (such as LECs), any monthly recurring charges, non-recurring charges, taxes, surcharges and any and all other applicable charges) that would be charged to XXX by an Alternative Carrier for the requested Facility.
Sample 1

Examples of Competitive Offer in a sentence

  • Only after Seller provides an Acquisition Notice to Buyer and Buyer’s failure to exercise its right of first refusal during the forty-five (45) day period, will Seller be allowed to accept such Competitive Offer.

  • If, within ******* of Cisco's receipt of a Competitive Offer, Cisco provides Customer with a firm offer to sell a ROFR Product which meets the Desired Functionality which includes a purchase price and other material terms and conditions which are materially equal to or better than the Competitive Offer with respect to any Desired Functionality, then Customer shall purchase the ROFR Product from Cisco on the terms of Cisco's firm offer.

  • Beginning on the date of the initial Competitive Offer and each anniversary thereafter (the twelve months between each anniversary to be known as a “Solicitation Period”), Seller may solicit additional Competitive Offers for one (1) additional Mill each Solicitation Period.

  • Buyer shall, upon receipt of written notice of each such Competitive Offer, have fifteen (15) business days (the “Offer Period”) to agree in writing to accept the price set forth in the Competitive Offer for the volume set forth in the Competitive Offer for the duration of the Competitive Offer Term.

  • In the event Buyer matches or beats the Competitive Offer, Seller shall Transfer the Rights to Buyer on the terms specified in the Acquisition Notice.

  • The Seller shall train in a Flight Crew Transition course program (or a Cross Crew Qualification program when applicable) up to the CAT three level, [*] of the Buyer’s flight crews, each of which shall consist of one Captain (1) and one (1) First Officer, per firmly ordered Aircraft.

  • If Buyer fails to respond or accept a Competitive Offers within the Offer Period, then Seller shall have the right and option to sell, beginning one (1) year after date Buyer received the applicable Competitive Offer notice, the Products from the Mill designated in the Competitive Offer to any third party purchasers that are willing to pay the Competitive Offer.

  • The parties agree that such negotiation will commence within thirty (30) days of WORLDCOM'S written notice to Customer of receipt of such Competitive Offer.

  • Customer shall have a right of first refusal to match such Competitive Offer within sixty (60) days of the notice.

  • If within ten (10) business days of BMG's receipt of Owner's written Competitive Offer, BMG fails to respond to Owner's request or notifies Owner that BMG is not willing to match such offer, then and only then may Owner utilize the services of those third-party manufacturers from which the Competitive Offer were secured for the particular configuration concerned.

Related to Competitive Offer

  • Competing Offer means a Tender Offer for Units which (i) is Commenced prior to the expiration of the Offer by a Person that is not an Affiliate (or in the case of Waltxx Xxxeet, as to its Associates only) of any Partner and (ii) has a cash purchase price per Unit that is at least 2% (10% with respect to the first Competing Offer made following the Offer by the Partnership)

  • Competitive Business means any firm, partnership, joint venture, corporation and/or any other Person, and/or any licensee of such entity, that develops, manufactures, markets, distributes, provides, offers, or sells any services or products substantially similar to First Party’s services or products.

  • Responsive Offer or means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements.

  • Competitive Products shall include any product or service that directly or indirectly competes with, is substantially similar to, or serves as a reasonable substitute for, any product or service in research, development or design, or manufactured, produced, sold or distributed by the Company;

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Competitive Process means a formal sealed, electronic, or web-based bid procedure used for all nonclaims related purchases for goods and services over fifty thousand dollars. For purchases between five thousand dollars and fifty thousand dollars, competitive process means quotations obtained from at least three vendors by telephone or written quotations, or both, and supported by evidence of competition. Purchases up to five thousand dollars are exempt from competitive bids providing procurement is based on obtaining maximum quality at minimum cost.

  • Competitive when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans constituting such Borrowing, are made pursuant to Section 2.04.

  • Competitive Business Activity means:

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Competitive Position means any employment with a Competitor in which Executive will use or is likely to use any Confidential Information or Trade Secrets, or in which Executive has duties for such Competitor that relate to Competitive Services and that are the same or similar to those services actually performed by Executive for the Company;

  • Competitive Activity will not include (i) the mere ownership of securities in any such enterprise and the exercise of rights appurtenant thereto or (ii) participation in the management of any such enterprise other than in connection with the competitive operations of such enterprise.

  • Competitive Bid Request means a request by the Borrower for Competitive Bids in accordance with Section 2.04.

  • Competitive Set As defined in the STR Reports. Lessor and Lessee shall work in good faith to determine any additions and deletions to the Hotel’s Competitive Set, on or before November 15th of each year, with such changes to be applicable for the following Fiscal Year. In the event Lessor and Lessee cannot agree to the Hotel’s Competitive Set by November 15th of any year, such unagreed items shall be determined by Xxxxx Travel Research (or, if it refuses or is unable to do so, by arbitration pursuant to Section 25.2). The costs of resetting the Hotel’s Competitive Set shall be borne equally by the parties.

  • Competitive Bid Loan means a Eurodollar Bid Rate Loan or an Absolute Rate Loan, or both, as the case may be.

  • Bona Fide Offer means an actual or genuine offer which includes a specific wage or a training opportunity at a specified place when used to determine whether the parent has refused an offer of training or employment.

  • Competitive service means any service offered by an electric

  • Competitive Entity means any (A) (i) NHL or NBA team located in New York, New Jersey or Connecticut, or (ii) any arena or theater (with at least 1,000 seats) that competes in the same city as any of the Company’s arenas or theaters, respectively, or (B) affiliate of any person or entity that operates any of the types of businesses described in clause (A) above, provided that you may become employed or otherwise provide services to such an affiliate of a Competitive Entity, so long as (x) your services are neither provided to, nor benefit, such Competitive Entity described in clause (A) and (y) the affiliate is not a direct or indirect parent company of the Competitive Entity described in clause (A) if the Competitive Entity subsidiary constitutes more than 30% of the total revenue of the parent company consolidated family of companies. Additionally, the ownership by you of not more than 1% of the outstanding equity of any publicly traded company shall not, by itself, be a violation of this Paragraph. By accepting the provisions set forth in this Annex II, you understand that the terms and conditions of this Annex II may limit your ability to earn a livelihood in a business similar to the business of the Company and its affiliates, but nevertheless hereby agree that the restrictions and limitations hereof are reasonable in scope, area and duration, and that the consideration provided under the Agreement and the severance agreement is sufficient to justify the restrictions and limitations contained herein which, in any event (given your education, skills and ability), you do not believe would prevent you from otherwise earning a living. You further agree that the restrictions are reasonable and necessary, are valid and enforceable under New York law, and do not impose a greater restraint than necessary to protect the Company’s legitimate business interests. THE MADISON SQUARE GARDEN COMPANY XXX XXXXXXXXXXXX XXXXX, XXX XXXX, XX 00000-0000 TEL 000-000-0000 Xx. Xxxxxx Xxxxx Page 12 You understand and agree that the Company will suffer immediate, irreparable harm in the event you breach any of your obligations under the covenants and agreements set forth in this Annex II, that monetary damages will be inadequate to compensate the Company for such breach and that the Company shall be entitled to injunctive relief as a remedy for any such breach (or threatened breach). Such remedy shall not be deemed to be the exclusive remedy in the event of breach (or threatened breach) by you of any of the covenants or agreements set forth in this Annex II, but shall be in addition to all other remedies available to the Company at law or in equity. You hereby waive, to the extent you may legally do so, (i) any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive or other equitable relief, and (ii) the defense in any action for specific performance or other equitable remedy that a remedy at law would be adequate. Notwithstanding anything to the contrary contained in the Agreement, in the event you violate the covenants and agreements set forth in this Annex II, in addition to all other rights and remedies available to the Company, the Company shall have no further obligation to pay you any severance benefits or to provide you with any other rights or benefits to which you would have been entitled pursuant to the Agreement or the severance agreement had you not breached the covenants and agreements set forth in this Annex II. The restrictions contained in this Annex II shall be extended on a day-for-day basis for each day during which you violate the provisions of this Annex II in any respect. THE MADISON SQUARE GARDEN COMPANY XXX XXXXXXXXXXXX XXXXX, XXX XXXX, XX 00000-0000