Sale Procedures. Unless otherwise specified in the Supplement, shall mean that, with respect to any sale of one or more Underlying Securities or Related Assets, the Market Agent, on behalf of the Trust, shall sell such Underlying Securities or Related Assets to the highest bidders among not less than two solicited bidders for such Underlying Securities or Related Assets (one of which bidders may include Merrill Lynch & Co. or any Affiliate thereof; provided, however, that xxxxxxr Xxxxill Lynch & Co. nor any of its Affiliates will be under any obligxxxxx xo xxx, and which bidders need not be limited to recognized broker dealers). In the sole judgment of the Market Agent, bids may be evaluated on the basis of bids for a single Underlying Security or Related Asset, a portion of the Underlying Securities or Related Assets, or all of the Underlying Securities or Related Assets being sold or any other basis selected in good faith by the Market Agent.
Sale Procedures. Unless otherwise specified in the Series Supplement, shall mean that, with respect to any sale of one or more Underlying Securities, the Market Agent, on behalf of the Trust, shall sell such Underlying Security or Underlying Securities to the highest bidders among not less than two solicited bidders for such Underlying Securities (one of which bidders may include Lehman Brothers Inc. or any affiliate thereof; provided, however, that xxxxxer Lehman Brothers Inc. nor any of its affiliates will be under any obligxxxxx to bid, and which bidders need not be limited to recognized broker dealers). In the sole judgment of the Market Agent, bids may be evaluated on the basis of bids for a single Underlying Security, a portion of the Underlying Securities or all of the Underlying Securities being sold or any other basis selected in good faith by the Market Agent.
Sale Procedures means the Sale Procedures substantially in the form set forth in Exhibit 4, as such procedures may be amended and approved in the Sale Procedures Order and in form and substance reasonably satisfactory to Purchaser.
Examples of Sale Procedures in a sentence
Nothing contained herein shall be construed to prohibit Sellers and their respective Affiliates and Representatives from soliciting, considering, negotiating, agreeing to, or otherwise taking action in furtherance of, any Alternative Transaction but only to the extent that Sellers determine in good faith that such actions are permitted or required by the Sale Procedures Order.
The Sale Procedures provided a full, fair, and reasonable opportunity for any entity to make an offer to purchase the Purchased Assets.
To the extent any of the TPC Trust Assets are executory contracts and unexpired leases, they shall be Assumable Executory Contracts, which shall be assumed by GM and assigned to Purchaser pursuant to section 365 of the Bankruptcy Code and the Sale Procedures Order.
If there is any conflict between the MPA, the Sale Procedures Order, and this Order, this Order shall govern.
At such time as provided in the Sale Procedures Order and the MPA, in accordance with sections 363 and 365 of the Bankruptcy Code, the Purchaser shall be fully and irrevocably vested in all right, title, and interest of each Purchased Contract.
More Definitions of Sale Procedures
Sale Procedures means the bidding procedures set forth in the Sale Procedures Order, to be entered by the Bankruptcy Court.
Sale Procedures. Unless otherwise specified in the Series Supplement, shall mean that, with respect to any sale of one or more Underlying Securities, the Market Agent, on behalf of the Trust, shall sell such Underlying Security or Underlying Securities to the highest bidders among not less than two solicited bidders for such Underlying Securities (one of which bidders may include Citicorp Securities, Inc. or any affiliate thereof; provided, however, that neither Citicorp Securities, Inc. nor any of its affiliates will be under any obligation to bid, and which bidders need not be limited to recognized broker dealers). In the sole judgment of the Market Agent, bids may be evaluated on the basis of bids for a single Underlying Security, a portion of the Underlying Securities or all of the Underlying Securities being sold or any other basis selected in good faith by the Market Agent.
Sale Procedures means, in connection with any sale of some or all of the Underlying Securities, the sale of such Underlying Securities to the highest of not less than three solicited bidders for such Underlying Securities (one of which bidders may be Xxxxxx Brothers Inc. or one of its Affiliates; provided, however, that neither Xxxxxx Brothers Inc. nor any of its Affiliates are obligated to bid, and that such bidders need not be limited to recognized broker dealers). In the sole judgment of the Market Agent, bids may be evaluated on the basis of bids for all or a portion of the Underlying Securities being sold or any other basis selected in good faith by the Market Agent. The Market Agent shall, prior to any sale of Underlying Securities to Xxxxxx Brothers Inc. or any of its Affiliates, certify in writing to the Trustee that any such purchaser submitted the highest of at least three bids and shall identify the other bidders.
Sale Procedures means txx xxxxxxx by which the Marketing Agent, on behalf of the Trust, will sell the Underlying Securities to the solicited bidder (which bidders will be determined by the Marketing Agent in its sole and absolute discretion and which bidders may include Lehman Brothers Inc. or any of its Affiliates but in any case shall ixxxxxx at least two bidders which are not affiliated with Lehman Brothers Inc.; provided, however, that neither Lehman Brothers Xxx. or any of its affiliates is obligated to bid, anx xxxx such bidders need not be limited to recognized broker dealers; and provided further that if Lehman Brothers Inc. or any of its affiliates are bidders, any bid maxx xx them shall not be greater than the fair value of the Underlying Securities) that provides the highest firm bid for the Underlying Securities. In the sole judgement of the Marketing Agent, bids may be evaluated on the basis of bids for all or a portion of the Underlying Securities being sold or any other basis selected in a commercially reasonable manner by the Marketing Agent.
Sale Procedures has the meaning set forth in Section 5.02(a).
Sale Procedures means, in connection with any sale of the Collateral Obligations or of any Eligible Investments, the Indenture Trustee shall sell such securities to the highest bidders among not less than three solicited bidders in the relevant markets for such securities (one of which will be the Swap Counterparty, if it so elects (or any of its affiliates), and any of which other bidders may (but need not) be Salomon Brothers Inc or any of its affiliates and which bidders need not be limited to recognized broker dealers). In soliciting bids, the Indenture Trustee may also solicit bids from any of the following: (1) Credit Suisse First Boston Corporation, (2) Xxxxxxx, Xxxxx & Co., (3) Xxxxxx Brothers Inc., (4) Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, and (5) UBS Securities LLC. In the sole, good faith, judgment of the Indenture Trustee, bids may be evaluated on the basis of bids for all or any portion of the securities being sold or any other basis selected in good faith by the Indenture Trustee. The Indenture Trustee shall not be responsible for a failure to obtain a bid so long as it has made reasonable efforts to obtain bids. If the Indenture Trustee is unable to obtain any bids prior to the Final Scheduled Payment Date, the Sale Proceeds shall be deemed to be zero and the Term Assets and Eligible Investments (or the applicable portion thereof subject to sale) shall be transferred to the Swap Counterparty or its designee by the Indenture Trustee.
Sale Procedures. Unless otherwise specified in the Series Supplement, shall mean that, with respect to any sale of one or more Underlying Securities, the Market Agent, on behalf of the Trust, shall sell such Underlying Security or Underlying Securities to the highest bidders among not less than two solicited bidders for such Underlying Securities (one of which bidders may include Bear Stearns & Co. Inc. or any Affiliate thereof; provided, however, that xxxxxxr Bear Stearns & Co. Inc. nor any of its Affiliates will be under any obligxxxxx xo bid, and which bidders need not be limited to recognized broker dealers). In the sole judgment of the Market Agent, bids may be evaluated on the basis of bids for a single Underlying Security, a portion of the Underlying Securities or all of the Underlying Securities being sold or any other basis selected in good faith by the Market Agent.