Examples of Qualifying Third Party Offer in a sentence
The Transferring Member may not Transfer the ROFO Interest to any third party pursuant to a Third Party Offer that is not a Qualifying Third Party Offer without the offering Remaining Members' prior written consent, which may be withheld in their sole discretion.
The Transferring Member may not Transfer the ROFO Interest to any third party pursuant to a Third Party Offer that is not a Qualifying Third Party Offer without the offering Remaining Members’ prior written consent, which may be withheld in their sole discretion.
Prior to accepting a Qualifying Third Party Offer pursuant to Section 7.2(a)(ii), the Transferring Member shall give written notice thereof to the other Members.
The ^ shall be exercised, if at all, by BMG giving OFG notice within three business days of its receipt of a summary of the Qualifying Third Party Offer.
BMG and OFG warrant and agree to keep the terms of any Qualifying Third Party Offer and the ^ of this Agreement (as well as any other material business provision of this Agreement) completely and highly confidential.
BMG will then have the right (the ^ ) to offer distribution of the Excluded Picture on ^ and ^ as the Qualifying Third Party Offer.
These broader opportunities will be consider formally as part of the procurement process and evaluation of supplier’s proposals (including any sub contractors) for projects in excess of $5m, otherwise the use of judgement for procurement in excess of $1m on a case by case basis.
Notwithstanding the foregoing, OFG agrees that, with respect to any Excluded Picture, OFG will provide to BMG the significant financial terms of any bona fide third party offer which OFG intends to accept, if the terms of any such third party offer (the "Qualifying Third Party Offer") includes a ^ of gross receipts to OFG which is not at least ^ more than the Guarantee (as defined below).
ETE may not Transfer the ROFO Interest to any third party pursuant to a Third Party Offer that is not a Qualifying Third Party Offer without ETP’s prior written consent, which may be withheld in ETP’s sole discretion within the required 30-day period, then the ROFO Interest in question shall once again become subject to the restrictions of this Section 5.12, and ETE shall no longer be permitted to Transfer such ROFO Interest without again fully complying with the provisions of this Section 5.12.
If a sale is consummated during the Marketing Period pursuant to the terms of a Qualifying Third Party Offer (a “Qualifying Third Party Acquisition”), Optionee’s rights under this Agreement with respect to the Subject Property shall expire and be of no further force and effect.