New Offer Sample Clauses

New Offer. In the event the original Offer expires as a result of any or all of the conditions to the Offer set forth in paragraphs (1), (2), (3), (4), (5), (6)(a) and (6)(b) of Exhibit A not being been fulfilled, Purchaser shall have the right to commence a new Offer within 10 days of such expiration. Such new Offer shall be conducted on the same terms as the original Offer, and the terms of this Agreement shall in all respects apply to such new Offer in the same manner as it applied to the original Offer except where the context indicates otherwise.
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New Offer. If Tenant fails to execute and deliver an assignment or sublease embodying the terms set forth in Tenant's Offer made pursuant to Section 19.3 to which Landlord has consented without material variance from such terms (which in the case of the rental and other financial terms shall mean a variance not in excess of seven and one-half percent (7-1/2%) and in the case of the other terms shall mean that they are substantially the same) within one hundred twenty (120) days after the giving of such consent, then Landlord's consent shall be void, and Tenant shall again comply with all of the provisions and conditions of this Article 19 before assigning this Lease or subletting all or part of the Premises. It is expressly understood and agreed that, if Tenant proposes to make an assignment or sublease to an assignee or sublessee other than the assignee or sublessee to which Landlord has consented or to the same assignee or sublessee to which Landlord has consented but upon terms which vary materially (as defined above) from the terms of Tenant's Offer made pursuant to Section 19.3, Tenant shall first again comply with all of the provisions and conditions of this Article 19 before entering into such assignment or sublease. Reference in this Section 19.8 to compliance with the provisions and conditions of this Article 19 shall include without limitation the making of a new Offer to Landlord pursuant to Section 19.3.
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New Offer. If the Initial Negotiations do not lead to a binding agreement, and if within six (6) months after the end of the six (6) month Initial Negotiations period, Orion has received a bona fide offer that Orion is willing to accept from a third party for the equivalent capacity which was the subject of Initial Negotiations pursuant to 2.4(a), which offer is based on terms, which as a whole, are more favorable than those previously proposed to DACOM, Orion shall notify DACOM of said terms and conditions ( "New Offer"). DACOM shall have a period of thirty (30) days from such notice to accept the New Offer by written notice to Orion. If DACOM does not accept the New Offer, Orion shall be free to enter into an agreement with the third party and shall have no further obligation to DACOM for Successor Satellite capacity.
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New Offer. A JVC Member who fails to sell, transfer or otherwise dispose of such JVC Member's JVC Shares pursuant to Clauses 4.6 to 4.11 may make another Offer to sell the same in accordance with Clauses 4.6 to 4.11.
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New Offer. A NSMH Member who fails to sell, transfer or otherwise dispose of such NSMH Member's NSMH Shares pursuant to Clauses 6.3 to 6.7 or Clause 6.10.2 must make another Offer to sell the same in accordance with Clauses 6.2 to 6.7 prior to selling such NSMH Shares to any 3rd Party Purchaser.
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Related to New Offer

  • Offer Preparation of this Lease by either Lessor or Lessee or Lessor's agent or Lessee's agent and submission of same to Lessee or Lessor shall not be deemed an offer to lease. This Lease is not intended to be binding until executed and delivered by all Parties hereto.

  • Offer Notice (i) The Company shall give written notice (the “Offering Notice”) to the Sponsor stating its bona fide intention to offer the New Equity Securities and specifying the number of New Equity Securities and the material terms and conditions, including the price, pursuant to which the Company proposes to offer the New Equity Securities. (ii) The Offering Notice shall constitute the Company’s offer to sell the New Equity Securities to the Sponsor, which offer shall be irrevocable for a period of three (3) business days (the “ROFO Notice Period”).

  • Tender Offer (a) The Borrower will use its best efforts to consummate the Tender Offer with respect to all of the Holding Company Convertible Notes tendered thereunder no later than November 5, 2009 (or such later date to which the Tender Offer may be extended by the Borrower in good faith) (and, upon the consummation thereof, the Borrower shall promptly notify in writing the Administrative Agent of the completion of the Tender Offer Transactions). (b) As of the Fourth Restatement Effective Date, the Borrower shall deposit the Initial Second Priority Proceeds (less the portion thereof to be used, together with the proceeds of the Tranche B Term Loans and the Tranche B-1 Term Loans, to make the payments provided for in Section 5.01(f)) directly into the Initial Second Priority Debt Proceeds Collateral Account; provided that, at any time after the Fourth Restatement Effective Date, so long as no Default shall have occurred and be continuing, the funds from the Initial Second Priority Debt Proceeds Collateral Account shall be available to be withdrawn at the request of the Borrower to the Administrative Agent solely (but for no other purpose) (i) to purchase the Holding Company Convertible Notes pursuant to the consummation of the Tender Offer and (ii) if any Holding Company Convertible Notes remain outstanding after consummation of the Tender Offer, (A) to repurchase, redeem, defease, retire or acquire for value or pay the principal of any of the remaining Holding Company Convertible Notes or (B) to make payment of cash dividends or distributions to the Holding Company in an amount sufficient to enable the Holding Company to repurchase, redeem, defease, retire, acquire for value or pay the principal of any such Holding Company Convertible Notes (provided that such payments are applied directly to such repurchase, redemption, defeasance, retirement, acquisition for value or payment of principal); provided further that (A) following the expiration of the put rights of the holders of the Holding Company 3.00% Convertible Notes on May 15, 2010 and/or the holders of the Holding Company 4.875% Convertible Notes on January 15, 2011 (but excluding any other put rights thereunder), to the extent that any such holders do not exercise such put rights pursuant to the terms thereof, within 120 days after the expiration of such put rights, the Borrower shall apply the portion of the balance held in the Initial Second Priority Debt Proceeds Collateral Account that it does not require to satisfy any such remaining put rights (or, upon expiration of all such put rights, the entire remaining balance held therein) (x) so long as no Default shall have occurred and be continuing or would result therefrom, to purchase, repurchase, redeem, prepay or otherwise acquire for value any of the Other Debt and/or (y) to prepay the Tranche B Term Loans and (if any) the Incremental Loans in the order specified in Section 2.09(b)(iii); and (B) prior to any request for withdrawal of funds by the Borrower from the Initial Second Debt Priority Proceeds Collateral Account, the Borrower shall provide a certificate signed by a senior officer of the Borrower to the Administrative Agent certifying as to the use of such funds and that such use is permitted under this Section.

  • Public Offering of the Offered Shares The Representatives hereby advise the Company that the Underwriters intend to offer for sale to the public, initially on the terms set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, their respective portions of the Offered Shares as soon after this Agreement has been executed as the Representatives, in their sole judgment, have determined is advisable and practicable.

  • New Securities “New Securities” shall mean any Common Stock or Preferred Stock of the Company, whether now authorized or not, and rights, options or warrants to purchase such Common Stock or Preferred Stock, and securities of any type whatsoever that are, or may become, convertible or exchangeable into such Common Stock or Preferred Stock; provided, however, that the term “New Securities” does not include: