Examples of Third Party Bidder in a sentence
The Contributors shall, and shall cause the Group Companies to, immediately terminate any existing discussions with respect to any Potential Transaction and request that all confidential information relating to any of the Group Companies provided to any Third Party Bidder in connection with a Potential Transaction be promptly returned or destroyed.
Bidder shall ensure that if under the terms of this confidentiality agreement any of the Confidential Information comes to the knowledge and/or in the possession of any Third Party, Bidder shall require from such Third Party that it shall abide by stipulations equivalent to those contained in this confidentiality agreement.
Each Qualified Third Party Bidder shall be required to confirm, both before and after the Auction, that it has not engaged in any collusion with respect to the submission of any bid, the bidding, or the Auction.
Only a Qualified Third Party Bidder will be eligible to participate at the Auction, subject to such limitations as the Debtors may impose in good faith.
Prior to the commencement of the bidding, each of Parent and the Third Party Bidder shall enter into an escrow agreement with the Escrow Agent, which shall provide that until the completion of the Auction, information as to amounts held in each such account must be held in confidence and only be made available to Parent or the Third Party Bidder (as the case may be) and a Person mutually agreeable to Parent and the Company (the “Independent Person”), who would agree to hold this information in confidence.
Bids would be submitted to the Independent Person at the time and place established by the Independent Person who would agree to hold the bid confidential until the bids of both Bidders were received, at which time the Escrow Agent would verify that funds in at least an amount necessary to satisfy such bid had been deposited in the respective Bidder’s escrow account and notify the Company, Parent and the Third Party Bidder of the amounts of the bids.
If a Successful Third Party Bidder does not submit a Matching Bid, such Requisite Lender Credit Bid shall be deemed a Successful Credit Bid.
Within one (1) day after the Auction, the Successful Third Party Bidder shall provide written notice to the Debtors of its allocation of the purchase price (in the aggregate by WAC Facility) to the assets in the Successful Third Party Bid.
To the extent a Qualified Third Party Bid is modified before, during, or after the Auction, the Debtors reserve the right to require that such Qualified Third Party Bidder adjust its Deposit so that it equals ten percent (10%) of the cash purchase price.
If a sale transaction with a Successful Third Party Bidder is terminated prior to the Back- Up Third Party Bid Expiration Date, the Back-Up Third Party Bidder shall be deemed a Successful Third Party Bidder and shall be obligated to consummate the Back-Up Third Party Bid as if it were a Successful Third Party Bid.