Examples of Transferring Investor in a sentence
If the Best Third Party Offer is no less favorable to the Transferring Investor in terms of price per share or the other material terms and conditions than the First Offer Price or the other material terms and conditions set forth in the First Offer Notice, the Transferring Investor may accept the Best Third Party Offer and proceed with the sale to the third party, subject to the restrictions set forth in Sections 3.1 and 3.2 hereof (to the extent applicable).
For the avoidance of doubt, any obligations of the Transferring Investor and its investment bank or other financial intermediary under this Section 3.8 shall be subject to compliance with applicable laws (including securities laws) and rules or requirements of relevant regulatory bodies (including without limitation, the SEC or FINRA).
Subject to compliance with applicable laws (including securities laws), the Transferring Investor shall invite both Ctrip and Xxxxxxxx to bid in such Block Trade and compete on the same terms and conditions with the other bidders.
If the Transferring Investor fails to conclude a binding agreement for the sale of the ROFO Shares within such 90-day period, the rights of Ctrip and Xxxxxxxx under this Section 3.7 shall continue to be applicable to any subsequent sale of the ROFO Shares by the Transferring Investor.
Upon the timely delivery of an Acceptance Notice, the Transferring Investor and Ctrip and/or Xxxxxxxx shall use their best efforts to consummate, within forty-five (45) days after the date of the First Offer Notice or the Second Offer Notice (as the case may be), the purchase and sale of the ROFO Shares.