ROFO Response definition

ROFO Response is defined in Section 6.2(a).

ROFO Response is defined in Section 4.2(a).

ROFO Response has the meaning ascribed to that term in Section 5.02(a).

Examples of ROFO Response in a sentence

• The decision to issue the ROFO Response and the terms of the ROFO Response shall be subject to approval by the Conflicts Committee.

• The ROFO Response shall set forth the terms and conditions (including, without limitation, the purchase price the Partnership proposes to pay for the ROFO Asset and the other terms of the purchase) pursuant to which the Partnership would be willing to enter into a binding agreement for the Proposed Transaction.

• If no ROFO Response is delivered by the Partnership Group within such 60-day period, then the Partnership Group shall be deemed to have waived its right of first offer with respect to such ROFO Asset.

• If no ROFO Response is delivered by the Partnership Group within such 90-day period, then the Partnership Group shall be deemed to have waived its right of first offer with respect to such ROFO Asset.

• The ROFO Response shall set forth the terms and conditions (including the purchase price the Partnership proposes to pay for the ROFO Asset and the other terms of the purchase) pursuant to which the Partnership would be willing to enter into a binding agreement for the Proposed Transaction.

More Definitions of ROFO Response

ROFO Response has the meaning set forth in Section 4.7(e)(iii).

ROFO Response has the meaning set forth in Section 8.2(b).

ROFO Response has the meaning given such term in Section 2.2(b).

ROFO Response has the meaning set forth in Section 17(b).

ROFO Response is defined in Section 2.3(a).

ROFO Response has the meaning set forth in Section 12.13(c). “SEC Financial Statements” has the meaning set forth in Section 7.5. “Securities Act” mean the Securities Act of 1933, as amended.

ROFO Response shall have the meaning ascribed to such term in Section 4.13(c). “Rule 144” means Rule 144 promulgated by the Commission pursuant to the Securities Act, as such Rule may be amended or interpreted from time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same purpose and effect as such Rule. “Rule 424” means Rule 424 promulgated by the Commission pursuant to the Securities Act, as such Rule may be amended or interpreted from time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same purpose and effect as such Rule. “SEC Reports” shall have the meaning ascribed to such term in Section 3.1(h). “Securities Act” means the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder. “Securities” means the Shares, the Warrants, the Warrant Shares, the Pre-Funded Warrants and the Pre-Funded Warrant Shares. “SEC” shall have the meaning ascribed to such term in Section 3.1(h). “Second Notice” shall have the meaning ascribed to such term in Section 4.13(c). “Shares” means the shares of Common Stock issued or issuable to each Purchaser pursuant to this Agreement. “Short Sales” means all “short sales” as defined in Rule 200 of Regulation SHO under the Exchange Act (but shall not be deemed to include locating and/or borrowing shares of Common Stock). “Standard Settlement Period” shall have the meaning ascribed to such term in Section 4.1(c). “Subscription Amount” means, as to each Purchaser, the aggregate amount to be paid for Shares and Warrants and Pre-Funded Warrants purchased hereunder as specified below such Purchaser’s name on the signature page of this Agreement and next to the heading “Subscription Amount,” in United States dollars and in immediately available funds. “Subsidiary” means any subsidiary of the Company as set forth in the SEC Reports, where applicable, also including any direct or indirect subsidiary of the Company formed or acquired after the date hereof. “Trading Day” means the period from 9:30 a.m. (New York City time) to 4:02 p.m. (New York City time) on a day on which the principal Trading Market is open for trading.