Examples of Other Offer in a sentence
The Asset Sale Offer or Sale of Collateral Offer shall be made to all Holders of Notes and, in the case of an Asset Sale Offer, all holders of Other Offer Notes; provided that, in the case of an Asset Sale Offer, the percentage of such Excess Proceeds allocated and offered to the Notes in such Asset Sale Offer is at least equal to the percentage of the aggregate principal amount of all Priority Lien Debt represented at such time by the Notes.
If the Purchase Price is escalated as set forth in this Paragraph, then Acceptance shall require Seller to deliver a copy of the Other Offer to Purchaser together with the executed acceptance of Purchaser’s Offer, without change (including the Acknowledge of Acceptance below).
The Subscriber has had access to all additional information that the Subscriber has deemed necessary to verify the accuracy of the information set forth in this Agreement and the Other Offer Documents, and has taken all the steps necessary to evaluate the merits and risks of an investment as proposed under this Agreement and the Other Offer Documents.
Seller may remove prospective purchaser(s) names from the Other Offer, but may not remove financial terms, including price and any Seller concessions.
Potential For Multiple Escalations: Purchaser acknowledges that if Seller receives more than one Other Offer and/or any Other Offer contains a similar price escalation clause, that escalation of the Purchase Price as set forth in Paragraph 1(a) above may occur more than once, and in some cases, may result in escalation of the Purchase Price to an amount equal to the Cap.
In the event that the monetary value of any Seller concessions contained in the Agreement differ from monetary value of any Seller concessions contained in any Other Offer, such Other Offer Price shall be the purchase price stated in the Other Offer adjusted upward or downward, as the case may be, in an amount equal to the difference between the monetary value of the Seller concessions contained in the Other Offer less the monetary value of the Seller concessions contained in the Agreement.
If the difference between the Cap and the highest Other Offer Price is less than the Escalation Factor, the Purchase Price shall be equal to the amount of the Cap.
If the Seller receives any additional bona fide offer(s) made in good faith for the purchase of the Property with terms acceptable to Seller (“Other Offer”), the Purchase Price shall increase to an amount that is $ (the “Escalation Factor”) greater than the highest purchase price contained in any Other Offer (“Other Offer Price”).
For the avoidance of doubt, each Asset Sale Offer shall be made to the Holders and to any applicable Other Offer Parties pursuant to Section 4.11 and the aggregate amount of the Notes subject to any Asset Sale Offer that is also made to Other Offer Parties shall be an amount of Excess Proceeds that is proportionate to the then aggregate outstanding principal amount of the Notes relative to the then outstanding principal amount of relevant Indebtedness of the Other Offer Parties.
The Collateral Disposition Offer shall be made to all Holders of Notes and all holders of Other Offer Notes; provided that the percentage of such Excess Proceeds allocated and offered to the Notes in such Collateral Disposition Offer is at least equal to the percentage of the aggregate principal amount of all Priority Lien Debt represented at such time by the Notes.