Examples of Counter Proposal in a sentence
If the terms of the Counter Proposal are determined by the Board of Directors (after consultation with its legal and financial advisors) in good faith to be no less favorable to the Company and its stockholders from a financial point of view (including conditions to consummation of the contemplated transaction) than those contained in the Superior Proposal, then the Company shall accept the Counter Proposal.
If the Company does not receive a Counter Proposal from a Majority in Interest of the Investors within such five (5) business day period, the Company may accept the Superior Proposal, provided there are no subsequent material changes to the terms of such Superior Proposal.
Except as provided in Article 18 below, this PA and the Exhibits attached hereto comprise the entire agreement between the Parties and supersedes all prior agreements and understandings relating to the subject matter hereof, including the Counter Proposal to Ridgewood's Offer to Participate letter dated August 21, 2007, between the Parties.
Most notably, the prior owner disclosed, during the course of the December 2010 sale of the Property to B&C Homebuyers, that “upon the [prior] seller winterizing the [P]ropertythere [was] some plumbing damage.” Pls.’ Opp’n to Seller Defs.’ Mot., Ex. 6 (Seller’s Counter- Proposal Terms) at B&C/Collins 000644.
Catalyst will have the right, but not the obligation, at any time during the period of five Business Days following receipt of a Relevant Notice (Matching Right Period), to amend the terms of the Offer (including, but not limited to, increasing the amount of consideration offered under the Offer or proposing any other form of transaction (each a Counter Proposal)), and if it does so then the Vango Directors must review the Counter Proposal in good faith.