Conduct of Auction Sample Clauses

Conduct of Auction. If a Superior Offer is submitted by a Qualified Bidder on or before the Bid Deadline, Stayton shall conduct an Auction for the Properties. If no Superior Offer is received by a Qualified Bidder before the Bid Deadline, there shall be no Auction and Blackstone Purchaser and Stayton shall be obligated to complete the Transaction subject to the terms and conditions in the Agreement. The Auction shall be conducted on the following terms:
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Conduct of Auction. 3.1 AuctionsPlus shall conduct all Auctions unless an Auctioneer is appointed. An Auction conducted by AuctionsPlus is governed by the User Agreement and Sale Terms (subject to the application of any Vendor Terms and Conditions as permitted by the User Agreement and Sale Terms).
Sample 1Sample 2
Conduct of Auction. If the Debtor receives at least one Qualified Bid in addition to the Agreement, the Debtor will conduct an auction (the “Auction”) on October 27, 2008, at the offices of Xxxxxxxxxx Xxxxxxx PC, 1251 Avenue of the Americas, 18th Floor, New York, New York, at 10:00 a.m. (prevailing Eastern time). At least two (2) business days prior to the Auction, each Qualified Bidder with a Qualified Bid must inform the Seller whether it intends to participate in the Auction and at least one (1) business day prior to the Auction, the Seller will provide such bidders copies of the Qualified Bid which the Seller believes is the highest or otherwise best offer for the Assets, (iii) all Qualified Bidders will be entitled to be present for all Subsequent Bids, and (iv) bidding at the Auction will begin with the highest or otherwise best Qualified Bid, continue in minimum increments of at least $25,000, and conclude after each participating bidder has had the opportunity to submit one or more additional Subsequent Bids.
Sample 1
Conduct of Auction. The Rules of Auction applicable can be found on the Site or through this URL: xxxxx://xxxxxxxx.xx.xx/rules- of-auction The following rules are to be followed in conducting auction on the Site: No bids below the stated minimum price (if there is one) will be accepted. A User must not engage in bid manipulation to unfairly induce any other person to make bids and/or to manipulate the bid price. Should the highest bid not reach the reserve price (if applicable), then no bid will be regarded as having been successful unless otherwise stated. All bids are final and are not retractable by the Purchaser and a Purchaser shall be deemed to be the successful bidder should the Seller accept his/her offer. Should the Purchaser be a successful bidder as determined by the Seller’s acceptance, or deemed to be accepted, by the Seller, the Purchaser must complete the purchase of the vehicle. To participate within an ELSO CARS PTY LTD online auction of vehicles located at Xxxx 00 Xxxxx Xxxx, 00 Xxxxxxxxxx Xxxx, Xxxxxx, 0000, you need to do and note the following:
Sample 1
Conduct of Auction. All announcements made from the auction block will take precedence over any previous written or oral statements. United Country reserves the right to announce additional Terms and Conditions of the auction and sale prior to or during the course of the auction. All bidders will be bound by announcements made at the auction, even though a bidder may not have actually heard the announcements. The Real Estate Sales Contract for the purchase and sale of the property shall represent the final terms of sale. In the event of a dispute over any matter at the Auction, United Country shall have the absolute and sole right to make the final decision to resolve the dispute and will also have the right to either accept or reject the final bids or re-open the bidding. Increments of bidding are at the direction of United Country and the Auctioneer conducting the auction. United Country reserves the right to accept absentee bids in advance and place those bids during the course of bidding. United Country reserves the right to accept phone bids and/or absentee bids (arrangements must be made prior to auction date). United Country Reserves the right to cancel the auction or remove any property or tract from the auction. Auctioneer reserves the right to cancel, postpone or withdraw the property before or up to the start of the auction. The auctioneer reserves the right to offer this property in any manner and reserves the right to sell the property in any manner he so desires up to the start of the auction. The auction does not start until the auctioneer accepts the first bid, day of the auction.
Sample 1
Conduct of Auction. The Auction will be conducted openly with the proceeding being transcribed and each Qualified Bidder being informed of the terms of the previous bid. The Assignee may adopt other rules for the conduct of the Auction at the Auction which, in his judgment, will better promote the goals of the Auction.
Sample 1
Conduct of Auction. Conduct of the Auction, including determination of the increments of the bidding, shall be at the direction and discretion of ELITE. Seller and ELITE reserve the right to refuse admittance to the Auction, to anyone, and to expel anyone from the Auction for any reason, including, but not limited to, interference with the Auction or other disruptive or inappropriate behavior, and non-compliance with the rules of the Auction. The above terms and conditions are accepted and agreed upon. Broker/Agent: by Date: Elite Auctions
Sample 1
AutoNDA by SimpleDocs
Conduct of Auction. 2.2 The rules for conducting auctions on this Site are as follows:
Sample 1
Conduct of Auction. Subject to Section 1.10, Seller and each of the Individual Parties shall use their best efforts to acquire the Assets pursuant to the Auction Agreement, including, without limitation, increasing the Purchase Price Consideration pursuant to Section 4.2 of the Auction Agreement up to $700,000; provided that such parties shall not cause the Purchase Price Consideration to exceed $700,000 without the express prior consent of Purchaser.
Sample 1

Related to Conduct of Auction

  • CONDUCT OF THE AUCTION Conduct of the auction and increments of bidding are at the direction and discretion of the auctioneer. The seller and selling agents reserve the right to preclude any person from bidding if there is any question as to the person’s identity, credentials, fitness to bid, financial ability to buy, etc. All decisions of the Auctioneer are final. --- AGENCY DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. will represent the Seller exclusively unless a Ness Bros. Agent has a signed buyer agency agreement with Buyer, then that agent has a limited agency with Buyer. --- DISCLAIMER & ABSENCE OF WARRANTIES: All information contained online or in the brochure and related material is subject to the terms and conditions outlined in the Purchase Agreement. The Property is being sold on an "AS IS, WHERE IS" basis. No warranty or representation, either expressed or implied, concerning the Property, its condition, or the condition of any other components on the Property, is made by the Seller or Ness Bros. All sketches and dimensions online or in the brochure are approximate. The information contained online or in the Brochure is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or Ness Bros. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. --- TERMS: Xxxxxxx Money of 10% down or $2,500.00, whichever is greater the day of Auction, balance is due in full upon delivery of the merchantable title and deed free and clear of all liens and encumbrances except as stated herein and subject to easements or restrictions of record. A Buyer’s Premium of 5%, or minimum of $2,500, whichever is greater will be added to final bid and included in the total contract price. All bids accepted on the Real Estate subject to Sellers approval.

  • Conduct of Hearing a. The formal rules of evidence do not apply, although the presiding officer will have discretion to exclude evidence that is incompetent, irrelevant, or cumulative, or the presentation of which will otherwise consume undue time.

  • Conduct of Logging Unless otherwise specifi- cally provided herein, Purchaser shall fell trees desig- nated for cutting and shall remove the portions that meet Utilization Standards, as provided in B2.2, prior to accep- tance of subdivision for completion of logging under B6.36. Forest Service may make exceptions for occa- sional trees inadvertently not cut or trees or pieces not removed for good reason, including possible damage to forest resources or gross economic impracticability at the time of removal of other timber. Logging shall be con- ducted in accordance with the following, unless C6.4 pro- visions set forth requirements to meet special or unusual logging conditions:

  • Conduct of a Meeting The General Partner shall have full power and authority concerning the manner of conducting any meeting of the Limited Partners or solicitation of approvals in writing, including the determination of Persons entitled to vote, the existence of a quorum, the satisfaction of the requirements of Section 13.4, the conduct of voting, the validity and effect of any proxies and the determination of any controversies, votes or challenges arising in connection with or during the meeting or voting. The General Partner shall designate a Person to serve as chairman of any meeting and shall further designate a Person to take the minutes of any meeting. All minutes shall be kept with the records of the Partnership maintained by the General Partner. The General Partner may make such other regulations consistent with applicable law and this Agreement as it may deem advisable concerning the conduct of any meeting of the Limited Partners or solicitation of approvals in writing, including regulations in regard to the appointment of proxies, the appointment and duties of inspectors of votes and approvals, the submission and examination of proxies and other evidence of the right to vote, and the revocation of approvals in writing.

  • Conduct of mediation In consultation with the mediator, the parties will determine a location, timetable and procedure for the mediation or, if the parties cannot agree on these matters within 7 Working Days of the appointment of the mediator these matters will be determined by the mediator.

  • Conduct of Business The business of the Company and its Subsidiaries shall not be conducted in violation of any law, ordinance or regulation of any governmental entity, except where such violations would not result, either individually or in the aggregate, in a Material Adverse Effect.

  • Conduct of Mediation Sessions Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present.

  • Conduct of the Hearing The arbitrator shall hold the hearing in Portland, Oregon unless otherwise agreed to by the parties. The hearing shall commence within sixty (60) working days of the arbitrator's acceptance of the case, unless both parties agree to an extension of time. If the arbitrator or either party requests that post-hearing briefs be submitted, the arbitrator shall establish a date for the submission of such briefs and the hearing will be deemed to have been closed by such date.

  • Conduct of Business by Company During the period from the date of this Agreement and continuing until the earlier of the termination of this Agreement pursuant to its terms or the Effective Time, Company shall, except to the extent that Parent shall otherwise consent in writing, carry on its business in the usual, regular and ordinary course, in substantially the same manner as heretofore conducted and in compliance in all material respects with all applicable Legal Requirements, pay its debts and Taxes when due subject to good faith disputes over such debts or Taxes, pay or perform other material obligations when due, and use its commercially reasonable efforts consistent with past practices and policies to (i) preserve intact its present business organization, (ii) keep available the services of its present officers and employees, and (iii) preserve its relationships with customers, suppliers, licensors, licensees, and others with which it has business dealings. In addition, Company will promptly notify Parent of any event that would reasonably be expected to have a Material Adverse Effect on Company. In addition, without limiting the generality of the foregoing, except as expressly contemplated by this Agreement or provided in Part 4.1 of the Company Disclosure Letter, without the prior written consent of Parent, during the period from the date of this Agreement and continuing until the earlier of the termination of this Agreement pursuant to its terms or the Effective Time, Company shall not do any of the following and shall not permit any Company Subsidiaries to do any of the following:

  • Conduct of the Business From and after the Effective Date and though immediately prior to the Closing, or the earlier termination of this Agreement in accordance with Article 9, except (i) as set forth on Section 6.1 of the Disclosure Schedule, (ii) as otherwise contemplated by this Agreement, (iii) as Buyer or Parent may otherwise consent to in writing (which shall not be unreasonably withheld) or (iv) as required by applicable Legal Requirements, Seller will, and will cause each Acquired Subsidiary to (a) operate the Business in the Ordinary Course of Business and use commercially reasonable efforts to preserve and maintain the goodwill associated with the Business and relationships with the Employees, customers, suppliers, distributors and others with whom the Business has a business relationship and (b) not, without the consent of Parent, take any actions (i) that if taken between the date of the Latest Balance Sheet and the date hereof would be required to be disclosed on Section 4.5 of the Disclosure Schedule (ignoring the phrase “management level” in Section 4.5(k) for purposes of this Section 6.1); (ii) that would cause a Material Contract to be accelerated, terminated, modified, or cancelled by Seller or any Acquired Subsidiary, or that would cause the entry into any Material Contract by Seller or any Acquired Subsidiary (other than any purchase orders or sales or services agreements on the Business’s standard forms) that is outside the Ordinary Course of Business or that involves the payment or receipt by Seller or the Acquired Subsidiaries of more than $50,000; (iii) that would cause any Acquired Subsidiary to issue or otherwise allow to become outstanding or redeem or otherwise acquire any equity interest of such Acquired Subsidiary or right to any such equity interest; (iv) other than the current intercompany loans between Seller and the Retained Subsidiaries and the Acquired Subsidiaries, that would cause any Acquired Subsidiary to incur any indebtedness for borrowed money or to guaranty any obligations of any Person; or (v) that would be an amendment to any organizational documents of any Acquired Subsidiary.

Time is Money Join Law Insider Premium to draft better contracts faster.