Common use of No Solicitation of Bidders Clause in Contracts

No Solicitation of Bidders. Prior to the fifth anniversary of the Effective Date, no member of the Zell Xxxup shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities (other than any Company Voting Securities held by the Zell Xxxup) in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors. Prior to disclosing any confidential non-public information concerning the Company to such person, such person shall have executed and delivered to the Zell Xxxup a confidentiality and standstill agreement on substantially the same terms as those set forth in the letter agreement dated July 16, 1997, entered into between the Company and an affiliate of Samstock and TNI in connection with the transactions contemplated by the Purchase Agreement, with such duration as shall be appropriate under the circumstances in the reasonable judgment of the Zell Xxxup. Promptly upon the Zell Xxxup entering into any written agreement or arrangement with such person concerning a transaction covered by this Section 3.4 (including such aforementioned confidentiality and standstill agreement), the Zell Xxxup shall notify the Company's Board of Directors and provide the Company's Board of Directors with copies of the same; provided, however, that the mere sale of Company Voting Securities by any member of the Zell Xxxup shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.4.

No Solicitation of Bidders. Prior to the fifth anniversary of the Effective Date, no member of the Zell Xxxup Xxxx Group shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities (other than any Company Voting Securities held by the Zell XxxupXxxx Group) in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors. Prior to disclosing any confidential non-public information concerning the Company to such person, such person shall have executed and delivered to the Zell Xxxup Xxxx Group a confidentiality and standstill agreement on substantially the same terms as those set forth in the letter agreement dated July 16, 1997, entered into between the Company and an affiliate of Samstock and TNI in connection with the transactions contemplated by the Purchase Agreement, with such duration as shall be appropriate under the circumstances in the reasonable judgment of the Zell XxxupXxxx Group. Promptly upon the Zell Xxxup Xxxx Group entering into any written agreement or arrangement with such person concerning a transaction covered by this Section 3.4 (including such aforementioned confidentiality and standstill agreement), the Zell Xxxup Xxxx Group shall notify the Company's Board of Directors and provide the Company's Board of Directors with copies of the same; provided, however, that the mere sale of Company Voting Securities by any member of the Zell Xxxup Xxxx Group shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.4.

No Solicitation of Bidders. Prior to the fifth anniversary of the Effective Date, no member of the Zell Xxxup Xxxx Group shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities (other than any Company Voting Securities held by the Zell XxxupXxxx Group) in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors. Prior to disclosing any confidential non-public information concerning the Company to such person, such person shall have executed and delivered to the Zell Xxxup Xxxx Group a confidentiality and standstill agreement on substantially the same terms as those set forth in the letter agreement dated July 16, 1997, entered into between the Company and an affiliate of Samstock and TNI the Investors in connection with the transactions contemplated by the Purchase Agreement, with such duration as shall be appropriate under the circumstances in the reasonable judgment of the Zell XxxupXxxx Group. Promptly upon the Zell Xxxup Xxxx Group entering into any written agreement or arrangement with such person concerning a transaction covered by this Section 3.4 (including such aforementioned confidentiality and standstill agreement), the Zell Xxxup Xxxx Group shall notify the Company's Board of Directors and provide the Company's Board of Directors with copies of the same; provided, however, that the mere sale of Company Voting Securities by any member of the Zell Xxxup Xxxx Group shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.43.4(b).

No Solicitation of Bidders. Prior to the fifth anniversary of the Effective Date, no member of the Zell Xxxup shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities (other than any Company Voting Securities held by the Zell Xxxup) in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors. Prior to disclosing any confidential non-public information concerning the Company to such person, such person shall have executed and delivered to the Zell Xxxup a confidentiality and standstill agreement on substantially the same terms as those set forth in the letter agreement dated July 16, 1997, entered into between the Company and an affiliate of Samstock and TNI the Investors in connection with the transactions contemplated by the Purchase Agreement, with such duration as shall be appropriate under the circumstances in the reasonable judgment of the Zell Xxxup. Promptly upon the Zell Xxxup entering into any written agreement or arrangement with such person concerning a transaction covered by this Section 3.4 (including such aforementioned confidentiality and standstill agreement), the Zell Xxxup shall notify the Company's Board of Directors and provide the Company's Board of Directors with copies of the same; provided, however, that the mere sale of Company Voting Securities by any member of the Zell Xxxup shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.43.4(b).