Qualifying Bidder definition
Examples of Qualifying Bidder in a sentence
The Debtors, after consultation with the Term Loan Lenders and the statutory committee of unsecured creditors (the "COMMITTEE"), will: (A) determine whether any Person is a Qualifying Bidder (as defined below); (B) determine whether a Qualifying Bidder has made a Qualified Bid (as defined below); and (C) negotiate any offer set forth in a Qualified Bid (collectively, the "BIDDING PROCESS").
Within two (2) Business Days after the conclusion of the Auction, the Qualifying Bidder submitting the Successful Bid (the "SUCCESSFUL BIDDER") must supplement its Good Faith Deposit such that its Good Faith Deposit equals 10% of the cash portion of the Successful Bid; PROVIDED, HOWEVER, that if the Term Loan Lenders (or their designee) are the Successful Bidder, no deposit shall be required.
A bid or offer received from a Qualifying Bidder will constitute a "Qualified Bid" only if such bid or offer includes all of the Qualified Bid Documents (as defined below), meets all of the Qualified Bid Requirements (as defined below), and is accompanied by the Good Faith Deposit (as defined below).
In connection with the Auction, the Debtors will provide each Qualifying Bidder that submitted a Qualified Bid with a summary of the material terms of each Qualified Bid no later than 4:00 p.m. (prevailing Eastern time) on _____, 2009.
After expiration of such 15-day period and in the event that ▇▇▇▇▇▇▇ has not accepted the Qualified Overbid of the Qualified Bidder, ▇▇▇▇▇▇▇ shall return or cause to be returned each Deposit to its respective Qualifying Bidder.