Higher Offer Clause Samples

Higher Offer. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time, before or after the approval by holders of Shares, by action of the Board of Directors of the Company, if the Board of Directors of the Company receives an unsolicited written offer at a higher dollar value per Share with respect to a merger, consolidation or sale of all or substantially all of the Company's assets, or if an unsolicited tender or exchange offer for the Shares at a higher dollar value per Share is commenced, and the Board of Directors of the Company determines to accept such merger, consolidation or sale of all or substantially all of the Company's assets or recommend that its stockholders accept such tender or exchange offer, but only after receipt by the Board of Directors of (x) a written opinion to such effect from VFS that such transaction is more favorable to the shareholders from a financial point of view than the Merger and the transactions contemplated hereby and (y) a written opinion of counsel that approval, acceptance or recommendation of such transaction is required by fiduciary obligations under applicable law.

Higher Offer. 4.3(f) Index Floor Price..............................1.5(a)(iii) Intended Uses......................................2.13(g) Materials of Environmental Concern.................2.22(b) Merger.................................................1.1

Higher Offer. The seller cannot accept a higher bid from another individual during the term of the lease-option contract.* Uncertainty: Landlords and sellers must be aware of the uncertainty surrounding the arrangement and should not participate in rent-to-own transactions if they are counting on a sale within a specific ▇▇▇▇▇▇▇▇▇.▇▇ determine fair rent-to-own payments, consider the following factors:1. Current Position: Determine whether the contract is profitable or necessary due to market stagnation.