Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” is defined in Section 5.3(a) of the Agreement.
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall mean a confidentiality agreement with terms no less favorable to the Company, and no more beneficial to the counterparty, in any substantive respect than those contained in the Confidentiality Agreement (as amended), provided that such confidentiality agreement shall not prohibit, or adversely affect the rights of the Company thereunder upon, compliance by the Company with the provisions of this Agreement.
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall mean an agreement that is executed, delivered and effective after the execution, delivery and effectiveness of this Agreement and that (a) contains provisions that (i) require any counter-party thereto (and any of its Representatives named therein) that receives information of or with respect to the Company to keep such information confidential, (ii) are no less favorable in any material respect to the Company, and no less restrictive with respect to the conduct of such counter-party (and any of its Representatives named therein) than the terms of the Confidentiality Agreement, (iii) include a standstill with an expiration date no earlier than the expiration date set forth in the original Confidentiality Agreement and with exceptions to such standstill not materially broader than those contained in the original Confidentiality Agreement, and (iv) expressly permit the Company to provide to Parent the information required to be so provided pursuant to Section 6.1 on the terms set forth in Section 6.1, and (b) does not include any provision calling for an exclusive right to negotiate with the Company.
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” means a confidentiality agreement between the Company and any Person with confidentiality provisions no less favorable in the aggregate to the Company than those contained in the Confidentiality Agreement; provided, however, that such confidentiality agreement shall not restrict the ability of the Company and its Representatives to disclose to Parent and its Representatives any information (including with respect to any Alternative Acquisition Proposal or Superior Proposal) required to be disclosed by the Company under this Agreement. For the avoidance of doubt, an Acceptable Confidentiality Agreement need not include any standstill provisions.
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall mean a confidentiality and standstill agreement that contains provisions that are no less favorable to Parent or the Company, as the case may be, than those contained in the Confidentiality Agreement and that does not prevent or impede Parent’s compliance with any of its disclosure or other obligations under this Agreement or other Legal Requirements.
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall have the meaning set forth in Section 4.3(b).
Acceptable Confidentiality Agreement. Section 6.2(b) Affected Employees Section 7.2(a) Ancillary Scheme Documentation Section 3.1(a)(i) Bankruptcy and Equity Exceptions Section 4.2(a) Benefits Continuation Period Section 4.2(a) Capitalization Date Section 4.5(a) Closing Section 1.2 Closing Date Section 1.2
Acceptable Confidentiality Agreement. 65 Affiliate....................................................................65 Agreement.....................................................................1
Acceptable Confidentiality Agreement. The parties agree that the letter agreement, dated December 7, 2007, between the Company and Sears Holdings Corporation constitutes an Acceptable Confidentiality Agreement under the terms of the Agreement. As of the date hereof, the parties have entered into an amendment to the Confidentiality Agreement between the Company and Xxxxxxxxx Management Company, LLC.
Acceptable Confidentiality Agreement. 75 Acquisition Proposal.....................................43 Action.......................................................20 Affiliate.....................................................75 Agreement...................................................1
