Competitive Offers Sample Clauses

Competitive Offers. Sellers shall not, directly or indirectly, and will cause each of their respective officers, employees and Affiliates not to, solicit or initiate the submission of proposals from, or solicit, encourage, entertain or enter into arrangements, agreements or understandings with, or discuss with or furnish information to, any Person (other than the Buyer and the Investigating Parties) with respect to the acquisition in whatever form of all or any portion of the Acquired Assets, the Business or the Parent Shares.

Competitive Offers. If, on or after January 1, 2003, any BUYER receives a bona fide offer: (a) for delivery at all of BUYERS' Plants covered by this Agreement; (b) in a quantity equal to 100% of the annual requirements of all BUYERS' Plants covered by this Agreement for the subsequent year; (c) for less than the price then applicable to the total sales of pitch from SELLER to BUYERS hereunder; and (d) meeting the specifications set forth in Attachment "A"; then BUYERS may give SELLER a notice ("BUYERS' Notice") in writing specifying details of the substitute pitch and attaching a verified copy of the third party's written offer (which offer shall include, without limitation, the identity of the supplier of the substitute pitch and the price, quantity, period and all other material terms of such offer) unless such third party offer was made with the condition that it not be disclosed to another party. SELLER shall have the right to verify, without limitation, the identity of the supplier of the substitute pitch and the price, quantity, period and all other material terms of such offer through an independent certified public accountant to be mutually agreed upon by the SELLER and BUYERS. The independent certified public accountant shall provide to SELLER a report certifying that the BUYERS' Notice is an accurate description of the above terms contained in the offer from the supplier of the substitute pitch. All costs and expenses for such verification, including fees of the independent certified public accountant shall be for the SELLER'S account unless the report of the certified public accountant shows that the BUYERS' Notice does not accurately describe the competitive terms. If the BUYERS give the SELLER a BUYERS' Notice, the SELLER may by notice to the BUYERS ("SELLER'S Notice") agree to reduce the price of its pitch by the difference between the total sales price offered by the third party and the total sales price otherwise applicable to sales of pitch from SELLER to BUYERS hereunder, such price reduction to be in effect for the term of the competitive offer. If SELLER does not give a SELLER'S Notice within thirty (30) days of its receipt of a BUYERS' Notice, the BUYERS may accept deliveries of substitute pitch from that third party on the terms of the third party's above mentioned offer. BUYERS may not give a BUYERS' Notice to SELLER for a calendar year (1) in which SELLER is already meeting a competitive offer with respect to any of BUYER'S Plants or (2) in which SELLE...

Competitive Offers. If Buyer gives satisfactory evidence that it can purchase a product of like quality and quantity [***] [Confidential Treatment Required] at a lower price and under terms and conditions similar to those of this Contract and Seller elects not to meet the lower price, all quantities actually purchased by Buyer at the lower price will be deducted from the applicable remaining quantity obligation. If Seller elects to meet the lower price, Seller may withdraw its lower price on notice or immediately upon termination of the competitive lower price. If Seller is prevented by law, regulation or governmental action from increasing or continuing any price already in effect under this Contract, Seller may terminate this Contract on thirty (30) days notice

Competitive Offers. Sellers shall not, directly or indirectly, and will cause Nanotech’s officers, employees and Affiliates not to, solicit or initiate the submission of proposals from, or solicit, encourage, entertain or enter into arrangements, agreements or understandings with, or discuss with or furnish information to, any Person (other than the Buyer and the Investigating Parties) with respect to the acquisition in whatever form of all or any portion of the Nanotech Shares.

Competitive Offers. Unless otherwise provided under this Article 11, the selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.

Competitive Offers. (1) Relevant Assets [****]. Following the [****] year after the Effective Date, in the event APPLETON receives a competitive offer for the sale of products (i) meeting the specifications of any Product manufactured at or using, as applicable, any Relevant Asset [****] (such specifications having been provided to SUPPLIER by APPLETON and in place at the time of the competitive offer) and (ii) having comparable services to such Product, including delivery times, which offer is (x) less than the net price charged to APPLETON by SUPPLER for such Product, (y) for not less than [****] percent ([****]%) of the volume of such Products and (z) for a term of not less than [****], then SUPPLIER may [****], the parties shall implement a reasonable process and timeline for winding down production in the event of such a reduction; provided, however, that the parties shall agree to a reasonable price adjustment on all other Products such that SUPPLIER may, with respect to its sale of such other Products to APPLETON, achieve [****]. (2) [****]. Following the [****] year after the Effective Date, in the event APPLETON receives a competitive offer for the sale of products (i) meeting the specifications of any Product manufactured at the [****] (such specifications having been provided to SUPPLIER by APPLETON and in place at the time of the competitive offer) and (ii) having comparable services to such Product, including delivery times, which offer is (x) less than the net price for such Product, (y) for not less than [****] percent ([****]%) of the volume of such Products and (z) for a term of not less than [****], then SUPPLIER may [****], the parties shall implement a reasonable process and timeline for winding down production in the event of such a reduction.

Competitive Offers. If Buyer gives satisfactory evidence that it can purchase a minimum supply [***] [Confidential Treatment Required] lbs during a 1 year period, of product of like quality and quantity produced in the United States (including its territories or possessions) at a lower price and under terms and conditions similar to those of this Contract and Seller elects not to meet the lower price, all quantities actually purchased by Buyer at the lower price will be deducted from the applicable remaining quantity obligation. If Seller elects to meet the lower price, Seller may withdraw its lower price on notice or immediately upon termination of the competitive lower price. If Seller is prevented by law, regulation or governmental action from increasing or continuing any price already in effect under this Contract, Seller may terminate this Contract on thirty (30) days notice.