Common use of Alternative Transaction Clause in Contracts

Alternative Transaction. Notwithstanding anything herein or in any Ancillary Agreement to the contrary, Sellers may furnish information concerning Sellers, the Acquired Assets and the Assumed Liabilities to any Person in connection with a potential Alternative Transaction and negotiate, enter into and consummate an Alternative Transaction.

Appears in 5 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Bethlehem Steel Corp /De/), Asset Purchase Agreement (International Steel Group Inc)

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Alternative Transaction. Notwithstanding anything herein or in any Ancillary Agreement to the contrary, Sellers Seller may furnish information concerning SellersSeller, the Acquired Assets and the Assumed Liabilities to any Person in connection with a potential Alternative Transaction pursuant to the Bidding Procedures Order, provided that such Person executes and delivers to Seller a confidentiality agreement on substantially the same terms and conditions as contained in the confidentiality agreement executed and delivered to Seller by Buyer, and negotiate, enter into and consummate an Alternative Transaction.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Tops PT, LLC), Asset Purchase Agreement (Penn Traffic Co)

Alternative Transaction. Notwithstanding anything herein or in any Ancillary Agreement to the contrary, Sellers may furnish information concerning Sellers, the Acquired Assets and the Assumed Liabilities to any Person in connection with a potential Alternative Transaction pursuant to the Bidding Procedures Order, provided that such Person executes and delivers to Sellers a confidentiality agreement on substantially the same terms and conditions as contained in the confidentiality agreement executed and delivered to the Sellers by the Buyer, and negotiate, enter into and consummate an Alternative Transaction.

Appears in 1 contract

Samples: Asset Purchase Agreement (Angiodynamics Inc)

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Alternative Transaction. Notwithstanding anything herein or in any Ancillary Agreement to the contrary, Sellers Seller may furnish information concerning SellersSeller, the Acquired Assets and the Assumed Liabilities to any Person in connection with a potential Alternative Transaction pursuant to the Bidding Procedures Order, provided that such Person executes and delivers to Seller a confidentiality agreement on substantially the same terms and conditions as contained in the confidentiality agreement executed and delivered to the Seller by the Buyer, and negotiate, enter into and consummate an Alternative Transaction.

Appears in 1 contract

Samples: Asset Purchase Agreement (Penn Traffic Co)

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