ROFR Agreement definition

ROFR Agreement means (i) a firm Service Agreement under one of Pipeline's open-access rate schedules contracted for service for twelve (12) consecutive Months or more at the applicable maximum rate for that service; (ii) a firm Service Agreement under one of Pipeline's open-access rate schedules contracted for service for a term of more than one (1) year which is not available for twelve (12) consecutive Months; or (iii) a firm Service Agreement under one of Pipeline's open-access rate schedules that is subject to a negotiated or discounted rate agreement that Pipeline agrees, on a not unduly discriminatory basis, shall qualify as a ROFR Agreement, in which case such negotiated or discounted rate agreement shall expressly provide that the applicable firm Service Agreement qualifies as a ROFR Agreement.

ROFR Agreement means the Second Amended and Restated Right of First Refusal and Co-sale Agreement dated as of December 23, 2009 by and among the Company, Founders, Series A Holders, Series B Holders and the Note Holders

ROFR Agreement. That certain Second Amended and Restated Right of First Refusal Agreement, dated as of the Amendment Date, by and between CEC and PropCo, as amended, modified or supplemented from time to time.

Examples of ROFR Agreement in a sentence

• In the event that Pipeline agrees that the firm service agreement subject to a negotiated or discounted rate qualifies as a ROFR Agreement, such negotiated or discounted rate agreement shall expressly provide that the agreement qualifies as a ROFR Agreement.

• Further, Pipeline may agree, on a not unduly discriminatory basis, that a firm service agreement subject to a negotiated or discounted rate shall qualify as a ROFR Agreement.

• Any amendment or revocation of this Article 96(1B) shall require the prior written consent of Accor as long as Accor’s rights pursuant to this Article 96(1B) have not terminated.Unless otherwise defined herein all capitalized terms in this Article 96(1B) shall have the meaning ascribed to them in the Voting and ROFR Agreement.

• The new Service Agreement must meet all the requirements of the definition of ROFR Agreement for Customer to continue to have the right of first refusal pursuant to Section 4.2.

• At the time that Customer provides to Pipeline a notice to terminate all or a portion of a ROFR Agreement pursuant to the applicable provision of such agreement, or at any time during the right of first refusal process set forth in this Section 4.2, Customer may, at its sole option, notify Pipeline that it shall not exercise its right to match the “best bid(s)” as determined pursuant to Section 4.2(e) herein.

More Definitions of ROFR Agreement

ROFR Agreement means the Right of First Refusal Agreement entered into by the Purchaser and/or one or more of its Affiliates, the Company and certain stockholders of the Company dated as of the date hereof.

ROFR Agreement means the Sixth Amended and Restated Right of First Refusal and Co-Sale Agreement, dated as of even date herewith, by and among the Company and the stockholders of the Company parties thereto, as the same may be amended, restated, supplemented or otherwise modified from time to time in accordance with its terms.

ROFR Agreement means a definitive agreement entered into by Coherus and Licensee related to either a Coherus Biosimilar Candidate or Product X pursuant to Section 2.4 (Licensee Rights of First Refusal).

ROFR Agreement means the Third Amended and Restated Right of First Refusal, Co-Sale and Voting Agreement by and among the Company and the Stockholders (as defined therein) dated as of the date of this Agreement.

ROFR Agreement means the Second Amended and Restated Right of First Refusal and Co-Sale Agreement in respect of the Company, dated as of April 23, 2021, as amended and/or restated from time to time.

ROFR Agreement means one of the following:

ROFR Agreement. That certain Right of First Refusal Agreement, dated as of the date hereof, by and between CEC and Propco.