Marketed Offering definition
Examples of Marketed Offering in a sentence
No Holder may effect (i) a sale, transfer or disposition pursuant to a Demand Marketed Offering, (ii) a Public Block Trade or (iii) a Large Resale, within one-hundred and eighty (180) days of the completion of any prior (x) sale, transfer or disposition by such Holder pursuant to a Demand Marketed Offering, (y) Public Block Trade of such Holder, or (z) the date of the final sale, transfer or other disposition made in connection with a Large Resale by such Holder.
Upon receipt of such FMO Election Notice, TEN and TFMC shall engage in good faith discussions regarding a potential purchase of TEN Securities from TFMC; provided, that if an agreement for the purchase of such TEN Securities is not reached within five (5) Business Days of the date on which the FMO Election Notice is delivered, TFMC may proceed with the Fully Marketed Offering on such terms and conditions and for such number of TEN Securities as in its discretion.
If, in connection with a Demand Marketed Offering initiated by a Holder, the Company refuses to take an action which such Holder reasonably requests under Section 11.2 and which is reasonably required for such transfer to be effected as an orderly disposal, then, subject to the limitations in Section 11, such Holder shall have no obligation under this Agreement or otherwise to effect such transfer in an orderly manner if not reasonably practicable.
The underwriter(s) for such Marketed Offering will be selected by the Initiating Holder and reasonably acceptable to the Corporation, such approval not to be unreasonably withheld or delayed.
If a Demand Marketed Offering is in connection with an underwritten offering, then the provisions of Sections 3.3 through 3.8 shall apply.