Examples of First Offer Negotiation Period in a sentence
If no such agreement with respect to the Sale Assets is concluded during the First Offer Negotiation Period, the Transferring Party may Transfer the Sale Assets to (or agree in writing to undertake such a transaction with) any Person within 180 days after the end of the First Offer Negotiation Period on terms generally no less favorable to the Transferring Party than those last proposed by the Potential Transferee to Transferring Party.
If no such agreement with respect to the Sale Assets is reached during the First Offer Negotiation Period, the Transferring Party will be permitted to Transfer, or agree in writing to Transfer, such Sale Assets to a third party within 180 calendar days after the end of the First Offer Negotiation Period, provided that the terms of such Transfer are generally no less favorable to the Transferring Party than those included in the Transfer Notice.
If the Transferring Party has not concluded a Transfer of, or agreed in writing to Transfer, such Sale Assets to any Person within 180 days after the end of the First Offer Negotiation Period, the Transferring Party shall not thereafter Transfer any of the Sale Assets without first offering such assets to the applicable Potential Transferee in accordance with this Section 3.
If BD indicates in writing that it does wish to enter into such an agreement during said 30 day period and if the JRC agrees that the specific invention should be commercialized at the current time, then the Parties will negotiate in good faith the terms of such a license agreement for three months from the date that BD so indicated in writing its desire to enter into such an agreement (the "First Offer Negotiation Period").
If the Parties fail to enter into such an agreement during the First Offer Negotiation Period, then Ontogeny shall be free to commercialize itself or license BD Collaboration Technology to a third party for research reagents and diagnostic uses and to pursue the development of such research reagents and diagnostic uses by itself or with one or more third parties.
The Transferring Party then shall be obligated to negotiate in good faith for a 30-day period following the delivery by the Transferring Party of the Transfer Notice (the "First Offer Negotiation Period") to reach an agreement for the Transfer or Re-Charter of such Sale Assets to the Potential Transferee or any of its Affiliates.
If no such agreement with respect to the Sale Assets is reached during the First Offer Negotiation Period, then BEC may proceed to negotiate and sell the Sale Assets to a third-party; provided, however, that nothing shall preclude BBEP from participating in any such sale process including the making of a bid or other offer on any terms it desires.
Seaspan shall have the right to accept or reject, in its sole and absolute discretion, any offer with respect to the Sale Vessel that is made during the First Offer Negotiation Period.
If BBEP and BEC do not reach agreement during the First Offer Negotiation Period, and BEC has not Transferred, or agreed in writing to Transfer such Sale Assets to a third party within one year after the end of the First Offer Negotiation Period, then BEC shall not thereafter Transfer any of the Sale Assets without first offering such assets to BBEP in the manner provided above.
BBEP then shall have a period of fifteen (15) business days following the delivery by BEC of the Transfer Notice (the "First Offer Negotiation Period') to elect to make an offer to BEC for the purchase by BBEP of the Sale Assets.