Subsequent Bid definition
Examples of Subsequent Bid in a sentence
For the purpose of evaluating the value of the consideration provided by Subsequent Bids (including any Subsequent Bid by the Purchaser), the Seller may give effect to any Termination Fee or Expense Reimbursement that may be payable to the Purchaser under this Agreement as well as any assets and/or equity interests to be retained by the Seller or the Selling Subs.
The Auction shall continue in one or more rounds of bidding and shall conclude after each participating bidder has had the opportunity to submit an additional Subsequent Bid with full knowledge and written confirmation of the then-existing highest bid or bids.
In the event that a Qualifying Competing Bid is selected as the Prevailing Bid, Buyer agrees to keep its offer under this Agreement, or any Subsequent Bid made by Buyer, open pending a closing of a sale to an entity other than Buyer.
The Auction will continue in one or more rounds of bidding and will conclude after each Qualified Bidder has had the opportunity to submit an additional Subsequent Bid with full knowledge and written confirmation of the then-existing highest bid or bids.
Nevada Gold shall be deemed a party-in-interest with standing to appear and be heard in connection with any motions, hearings, or other proceedings relating to the Purchase Agreement and any Qualified Alternative Bid or Subsequent Bid.
Each Qualified Bid other than that of the Purchaser is referred to as a "Subsequent Bid".
For the avoidance of doubt, the parties acknowledge and agree, that in the event that BUYER submits a Subsequent Bid at the Auction (each as defined in the sale procedures order in the Bankruptcy Case, then SELLER shall be permitted to amend this Agreement (including the Purchase Price) to reflect such Subsequent Bid.