Matching Bid definition

Matching Bid has the meaning set forth in Section 6.2(e).
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Matching Bid as defined in Section 5.9d(iii). "MATERIAL ADVERSE EFFECT"--as defined in Section 3.8.
Sample 1
Matching Bid means a good faith written proposal by Purchaser or Parent in response to a Notice of Superior Proposal.
Sample 1

Examples of Matching Bid in a sentence

  • In the case of the initial Superior Proposal, the Company shall give the Investor forty-eight (48) hours after delivery of the Offer Notice to propose revisions to the terms of this Agreement or the transactions contemplated hereby (or make any other proposals) (a “Matching Bid”) and during such time shall negotiate and cause its representatives to negotiate (if the Investor notifies the Company that it desires to negotiate), in good faith with the Investor as to such Matching Bid.

  • The Board shall take into account the terms and conditions of any Matching Bid in determining whether the Competing Proposal continues to constitute a Superior Proposal.

  • In the event that a Matching Bid Notice is given within such period, the Terminating Facility and APS shall promptly execute and deliver to each other an amendment to the Pharmacy Agreement modifying the terms to incorporate the terms of such Matching Bid Notice, which amendment shall be effective for the term specified in the Competitive Bid Notice.

  • In the event that APS receives a Competitive Bid Notice meeting the requirements of subsection 2.C., APS shall have the right, for a period of forty five (45) days after its receipt thereof, but no obligation whatsoever, to match the Competitive Bid by furnishing notice to the Terminating Facility of its election to do so (a "Matching Bid Notice").

  • If a Successful Third Party Bidder does not submit a Matching Bid, such Requisite Lender Credit Bid shall be deemed a Successful Credit Bid.

  • The Successful Third Party Bidder shall have until January 28, 2019 at 5:00 p.m. (ET) to submit a Matching Bid.

  • The WAC 2 Facility Agent will pay all cure costs and assume any liabilities in connection with the assumption and assignment of WAC 2 Seller’s leases, as well as certain other liabilities identified in the WAC 2 3 Pursuant to Paragraph 4 of the Bidding Procedures Order, because the WAC 9 Facility Agent submitted a Credit Bid for the full amount of its claim under its WAC Facility, Macquarie could not submit a Matching Bid with respect to the WAC 9 Credit Bid.

  • If the Debtors do not receive a Matching Bid by January 21, 2019 at 5:00 p.m. (ET), such Qualified Credit Bid shall be deemed a successful credit bid (a “Successful Credit Bid” and the bidder making such bid, a “Successful Credit Bidder”) and shall be consummated by February 5, 2019, unless a Credit Bidco has failed to satisfy the requisite conditions precedent to closing.

  • In the event that Buyer submits a Matching Bid, the Board of Directors shall not approve or recommend a Superior Competing Transaction or enter an agreement with respect thereto.

  • If Crystal River accepts a Buyer's Initial Bid or a Buyer's Matching Bid as provided above, the Buyer shall purchase the Subject Securities, and pay in full the purchase price specified in such bid, in immediately available funds, not later than three business days following delivery by Crystal River to the Buyer of notice of such acceptance (unless Crystal River and the Buyer agree in writing to an alternate payment schedule).


More Definitions of Matching Bid

Matching Bid shall have the meaning set forth in Section 9.11(c).
Sample 1

Related to Matching Bid

  • Matching Period has the meaning specified in Section 5.4(1)(e).

  • Nonhighly Compensated Employee means an Employee who is not a Highly Compensated Employee.

  • Non-Highly Compensated Employee means an Employee who is not a Highly Compensated Employee.

  • Highly Compensated Employee means any Employee who:

  • Matching Contribution means an Employer contribution made to this or any other defined contribution plan on behalf of a Participant on account of a Participant's Deferral Contribution.

  • Average Monthly Compensation means the quotient determined by dividing the sum of the Employee’s then current Base Salary (as defined in Section 4.1 hereof) and the greater of the most recently paid Incentive Compensation (as defined in Section 4.2 hereof) or the average of Incentive Compensation paid over the three most recent years by twelve.

  • Plan Year means the calendar year.

  • Qualified Matching Contribution means any employer contribution allocated to an Eligible Employee's account under any plan of an Employer or a Related Company solely on account of "elective contributions" made on his behalf or "employee contributions" made by him that is a qualified matching contribution as defined in regulations issued under Code Section 401(k), is nonforfeitable when made, and is distributable only as permitted in regulations issued under Code Section 401(k).

  • Employer Matching Contributions means the Employer matching contributions made to the Trust Fund pursuant to Article V (Employer Matching Contributions).

  • Matching Contributions means local cash and/or in-kind contributions made by the Subrecipient, subcontractor, or other local resources that qualify as match for the Contract funding.

  • Matching Account means the account maintained on the books of the Employer for the purpose of accounting for the Matching Amount and for the amount of investment return credited thereto for each Participant pursuant to Article V.

  • Company Matching Account means (i) the sum of all of a Participant's Annual Company Matching Amounts, plus (ii) amounts credited in accordance with all the applicable crediting provisions of this Plan that relate to the Participant's Company Matching Account, less (iii) all distributions made to the Participant or his or her Beneficiary pursuant to this Plan that relate to the Participant's Company Matching Account.

  • Non-Highly Compensated Participant means any Participant who is neither a Highly Compensated Employee nor a Family Member.

  • Qualified Matching Contributions means Matching Contributions which are immediately nonforfeitable when made, and which would be nonforfeitable, regardless of the age or service of the Employee or whether the Employee is employed on a certain date, and which may not be distributed, except upon one of the events described under Section 401(k)(2)(B) of the Code and the regulations thereunder.

  • Elective Deferrals mean Compensation and Elective Deferrals for: . [Note: The Employer must complete the blank line with the applicable time period for computing the Basic Match, such as "each payroll period," "each calendar month," "each Plan Year quarter" or "the Plan Year."]

  • Highly Compensated Participant means any Highly Compensated Employee who is eligible to participate in the Plan.

  • Excess Elective Deferrals means the amount of Elective Deferrals (as defined below) for a calendar year that the Participant designates to the Plan pursuant to the following procedure. The Participant’s designation: shall be submitted to the Administrator in writing no later than March 1; shall specify the Participant’s Excess Elective Deferrals for the preceding calendar year; and shall be accompanied by the Participant’s written statement that if the Excess Elective Deferrals is not distributed, it will, when added to amounts deferred under other plans or arrangements described in Section 401(k), 408(k) or 403(b) of the Code, exceed the limit imposed on the Participant by Section 402(g) of the Code for the year in which the deferral occurred. Excess Elective Deferrals shall mean those Elective Deferrals that are includible in a Participant's gross income under Section 402(g) of the Code to the extent such Participant's Elective Deferrals for a taxable year exceed the dollar limitation under such Code section.

  • Company Matching Contributions means any contributions made to the Company Matching Account of a Participant by a Participating Employer as provided for in Section 4.02.

  • Hours of Service means hours to be credited to an Employee under the following rules:

  • Employer Contribution means the amount paid by an employer, as determined by the employer rate, including the normal and deficiency rates, contributions, and funds wherever used in this chapter.

  • Elective Deferral Account means the account established hereunder to which Elective Deferrals (including a separate accounting for Catch-Up Contributions) are allocated. Amounts in the Participant's Elective Deferral Account are nonforfeitable when made and are subject to the distribution restrictions of Section 12.2(e). The Elective Deferral Account may consist of the

  • Matching Contribution Account means the separate, individual account established on behalf of a Participant to which the Matching Contributions made on such Participant's behalf are credited, together with all earnings and appreciation thereon, and against which are charged any withdrawals, loans and other distributions made from such account and any losses, depreciation or expenses allocable to amounts credited to such account.

  • Top Heavy Plan Year means a Plan Year during which the Plan is a Top Heavy Plan.

  • Nonelective Contribution means an amount contributed by a participating

  • Elective Deferral means the portion of Compensation which is deferred by a Participant under Section 4.1.

  • Year of Service means the computation period of twelve (12) consecutive months, herein set forth, during which an Employee has at least 1000 Hours of Service.