Next Highest Bidder definition

Next Highest Bidder has the meaning set forth in Section 10.2.4.
Sample 1Sample 2Sample 3
Next Highest Bidder has the meaning set forth in the Bidding Procedures.
Sample 1Sample 2
Next Highest Bidder has the meaning set forth in the Bid Procedures. “Non-Recourse Parties” has the meaning set forth in Section 9.11.
Sample 1

Examples of Next Highest Bidder in a sentence

  • If the Successful Bidder (or a Next Highest Bidder who agrees to maintain its status as a back-up bidder) timely closes by the closing date set forth in the Purchase Agreement or, if applicable, a Marked Agreement, then its Good Faith Deposit shall be credited towards the amount due at closing under the Purchase Agreement or such Marked Agreement.

  • If the Trustee decides to close with the Next Highest Bidder, the Trustee and the Next Highest Bidder shall have an additional ten (10) calendar days to close, subject to extensions by the Court for cause shown.

  • If the Successful Bidder (or a Next Highest Bidder who agrees to maintain its status as a back-up bidder) fails to timely close by the closing date set forth in the Agreement or, if applicable, a Marked Agreement, then its Good Faith Deposit shall be disposed of as provided in the Purchase Agreement (or the applicable Marked Agreement) or the Bidding Procedures.

  • In the event that the Successful Bidder fails to close the transactions contemplated in the Purchase Agreement (or the applicable Marked Agreement), then the Trustee shall be authorized, but not required, to close with the Next Highest Bidder without notice to any other party or further court order.

  • Subject to the terms and conditions of the Purchase Agreement or Marked Agreement, as the case may be, the Good Faith Deposits made by Qualified Bidders, other than those made by the Successful Bidder and any Next Highest Bidder who agrees to maintain its status as a back-up bidder, together with any and all interest that may have accrued thereon, shall be returned to such Qualified Bidder within ten (10) business days following the conclusion of the Auction.

  • If the bidder initially identified by the Trustee as the Next Highest Bidder does not agree to such terms, then the Trustee, in her sole discretion, may identify the next highest or otherwise best bid as the Next Highest Bid, and may continue to do so until such a bidder who has submitted such a bid agrees to become the Next Highest Bidder.

  • However, the Trustee’s acceptance at the Auction of a Successful Bid by a bidder other than Buyer shall not be deemed a termination of the Purchase Agreement and shall not require the Trustee to return the Good Faith Deposit of Buyer if Buyer agrees to become the Next Highest Bidder.

  • Except as otherwise provided in the Purchase Agreement, in the case that Purchaser is the Successful Bidder, in the event that, for any reason, the Successful Bidder fails to close the sale transaction contemplated by its Successful Bid, then, without notice to any other party or further court order, the Seller shall be authorized to close with the Next Highest Bidder.

  • Good Faith Deposits submitted by Qualified Bidders (other than the Successful Bidder and the Next Highest Bidder) that have not been forfeited shall be returned within two (2) business days of the entry of the order approving the sale of the Premises or such other time agreed upon by the Qualified Bidder, the Debtor and the Creditors’ Committee.

  • Within two (2) business days of the closing of the Sale under the 36 West Sale Agreement or the Modified 36 West Sale Agreement, the Good Faith Deposit of the Next Highest Bidder shall be returned to such Next Highest Bidder.


More Definitions of Next Highest Bidder

Next Highest Bidder has the meaning set forth in the Sale Procedures.
Sample 1
Next Highest Bidder shall have the meaning set forth in Section 8.2(c). (94) “Objection Notice” shall have the meaning set forth in Section 11.2. (95) “Open Source License” means any license meeting the open source definition (as currently promulgated by the Open Source Initiative) or the free software definition (as currently promulgated by the Free Software Foundation), or any substantially similar license. (96) “Open Source Software” means any Software subject to an Open Source License. (97) “Order” means any award, writ, injunction, judgment, order, ruling, decision, subpoena, mandate, precept, command, directive, consent, approval, award, decree or similar determination or finding entered, issued, made or rendered by any Governmental Body. (98) “Ordinary Course of Business” means the ordinary and usual course of normal day to day operations of the Business consistent with past practice. (99) “Organizational Documents” means, with respect to a particular entity, (a) if a corporation, the articles or certificate of incorporation and bylaws, (b) if a general partnership, the partnership agreement and any statement of partnership, (c) if a limited partnership, the limited partnership agreement and certificate of limited partnership, (d) if a limited liability company, the articles or certificate of organization or formation and any limited liability company or operating agreement, (e) if another type of Person, all other organizational, charter and similar documents adopted or filed in connection with the creation, formation or organization of the Person, and (f) all amendments or supplements to any of the foregoing. (100) “Outside Date” shall have the meaning set forth in Section 4.4(b). (101) “Party” shall have the meaning set forth in the preamble. (102) “Permits” means to the fullest extent permitted under applicable law, all notifications, licenses, permits (including environmental, construction and operation permits), franchises, certificates, approvals, consents, waivers, clearances, exemptions, classifications,
Sample 1
Next Highest Bidder is defined in the Bidding Procedures. “Order” means any order, injunction, judgment, decree, ruling, writ, assessment or award of a Governmental Entity. “Ordinary Course of Business” means the ordinary and usual course of normal day-to-day operations of Seller’s Business, as conducted by Seller consistent with past practice and except for the consequences relating to the filing of the Chapter 11 Case; provided, that in no event shall “Ordinary Course of Business” include any breach of Law or Contract, or violation of any Permit. “Other Product” means any active ingredient, component or product that is not itself a Product but is a regulated component required to effect treatment of an applicable Indication. “Outside Date” is defined in Section 8.1. “party” and “parties” are defined in the Preamble. “Paying Party” is defined in Section 9.1(c). “Permits” means all material consents, approvals, authorizations, clearances, certificates, notices, permits, registrations, or licenses issued by any Governmental Entity. “Permitted Seller Person” is defined in Section 9.17(a). “Person” means a natural person, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, Governmental Entity or other entity or organization. “Petition Date” is defined in the Recitals. “Preservation Period” is defined in Section 5.2(b).
Sample 1

Related to Next Highest Bidder

  • Highest Bidder means the Bidder, who quotes the highest License Fees

  • Best Bid means the highest posted bid price of the Common Stock.

  • Winning Bidder With respect to a Successful Auction, the Qualified Bidder that bids the highest price.

  • Designated Bidder means (a) an Eligible Assignee or (b) a special purpose corporation that is engaged in making, purchasing or otherwise investing in commercial loans in the ordinary course of its business and that issues (or the parent of which issues) commercial paper rated at least "Prime-1" (or the then equivalent grade) by Xxxxx'x or "A-1" (or the then equivalent grade) by S&P that, in the case of either clause (a) or (b), (i) is organized under the laws of the United States or any State thereof, (ii) shall have become a party hereto pursuant to Section 8.07(d), (e) and (f) and (iii) is not otherwise a Lender.

  • Lowest Evaluated Bid means a bid for goods, works and services having the lowest evaluated cost among the substantially responsive bids

  • Selected Bidder means the bidder who has been selected by DMRC, pursuant to the bidding process for award of license.

  • Highest Closing Price means the highest closing price for shares of Substitute Common Stock within the six-month period immediately preceding the date the Substitute Option Holder gives notice of the required repurchase of the Substitute Option or the Substitute Share Owner gives notice of the required repurchase of the Substitute Shares, as applicable.

  • Qualified Bidder As defined in Section 7.01(c).

  • Selected Bidder or Successful Bidder means the Bidder selected pursuant to this RfS to set up the Project and supply electrical output as per the terms of PPA.

  • Tenderer/Bidder means the firm or Company (hereinafter called Tenderer/ Bidder) who duly submits the tender after accepting all the terms & conditions of the tender document.

  • Qualified Bidder(s means a Bidder who fulfills the eligibility criteria listed out in the E-Auction Process Information Document.

  • Supplier/ Successful or Selected bidder means the person, private or government entity, or a combination of the above, whose Bid to perform the Contract has been accepted by the Purchaser and is named as such in the Agreement, and includes the legal successors or permitted assigns of the successful/ selected bidder.

  • Interested Bidder means any person or persons who have submitted the Request Letter for Participation along with signed Bid Form, notarized affidavit, signed Declaration, requisite Earnest Money and other necessary documents to complete the eligibility check formalities to the satisfaction of the Liquidator.

  • Bidder means an eligible entity/ firm submitting the Bid.

  • Fair Market Value Per Share means as of any date the fair market value of each of the Shares on such date (the "applicable date") as determined by the Option Committee in good faith. The Option Committee is authorized to make its determination as to the fair market value on the following basis: (i) if the Shares are not traded on a securities exchange and are not quoted on the National Association of Securities Dealers, Inc.'s Automated Quotation System ("NASDAQ"), but are quoted on the Over The Counter Electronic Bulletin Board operated by NASDAQ, "Fair Market Value per Share" shall be the mean between the average daily bid and average daily asked prices of the Shares on the applicable date, as published on such bulletin board; (ii) if the Shares are not traded on a securities exchange and are quoted on NASDAQ, "Fair Market Value per Share" shall be the closing transaction price of the Shares on the applicable date, as reported on NASDAQ; (iii) if the Shares are traded on a securities exchange, "Fair Market Value per Share" shall be the daily closing price of the Shares, on such securities exchange as of the applicable date; or (iv) if the Shares are traded other than as described in (i), (ii) or (iii) above, or if the Shares are not publicly traded, "Fair Market Value per Share" shall be the value determined by the Option Committee in good faith based upon the fair market value as determined by completely independent and well qualified experts. In the case of Shares described in (i), (ii) or (iii) above, if no prices are reported for the Shares on the applicable date, the "Fair Market Value per Share" shall be the price reported for such Shares on the next preceding date on which there were reported prices.

  • Successful Bidder As defined in Section 7.01(c).

  • Successful Bidder(s) means the bidder(s) to whom work in this tender is awarded.

  • Winning Bid Rate has the meaning specified in Section 11.10(d)(i) below.

  • Bidder/Bidding Company means Bidding Company submitting the Bid. Any reference to the Bidder includes Bidding Company/ including its successors, executors and permitted assigns as the context may require”.

  • Decrement Bid means a type of Virtual Transaction that is a bid to purchase energy at a specified location in the Day-ahead Energy Market. A cleared Decrement Bid results in scheduled load at the specified location in the Day-ahead Energy Market.

  • Applicable Market Value has the meaning specified in Section 5.1.

  • Average Market Value means the simple average of the daily stock prices at close for each trading day during the applicable period beginning or ending on the specified date for which such closing price is reported by the New York Stock Exchange, Nasdaq Stock Exchange or other authoritative source the Committee may determine.

  • Preferred Bidder means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter.

  • Buy Bid means a bid to buy Capacity Resources in any Incremental Auction.

  • BC Bid means the BC Bid website located at www.bcbid.ca;

  • TARGET Business Day means a day on which the TARGET System is operating.