Qualified Bidder. Any person or entity prequalified under Section 14.15 who bids for capacity rights being released under this Section 14, including a Replacement Shipper under either a Prearranged Asset Manager Release, or a Prearranged Release to a Marketer Participating in a State-Regulated Retail Access Program.
Qualified Bidder. Prior to the Termination Date Dow will consider the Xxxxxx Parties to be “qualified bidders” in respect of any publicly announced divestiture in which the Xxxxxx Parties have expressed their written interest; provided, however, that Dow shall not be obligated to give any member of the Xxxxxx group any preferential treatment or enter into any agreement with the Xxxxxx Parties in connection with any such divestiture. For the avoidance of doubt, no preferential treatment shall be given to any bid submitted by the Xxxxxx Parties in connection with any such divestiture and Dow shall retain the right, in its sole and absolute discretion, to enter into any agreement with any third party with respect to any such divestiture.
Qualified Bidder. Each Qualified Bidder shall be invited to attend an outcry auction (the "Auction") at the Office of Xxxxxxxx Xxxxxx, LLP, which Auction must be attended in person. The Seller and the Company shall cause the Auction to commence at 10 a.m.. (Central Time), on a date that is no more than two (2) business days prior to the date for which the Sale Hearing is set. Subject to the limitations set forth above, the opening price at such Auction shall be the highest and/or best offer of a Qualified Bidder (as determined by the Committee in its sole discretion after consultation with the Bondholders, Seller and the Company). Subsequent bids shall be in increments of $100,000 or such greater amount as designated by the Committee from time to time during the Auction. At the request of Buyer, Seller shall provide or cause the Committee to provide its valuation of any competing bid that constitutes the highest and/or best offer at the time of such request. Seller, the Company and the Committee shall consider bids submitted by Buyer and the Qualified Bidders during the Auction and the Committee, after consultation with the Bondholders, Seller and the Company, shall make a determination of the highest and/or best offer in its sole discretion. The determination of which bidder has submitted the highest and/or best offer for the Closing Shares and/or the Riverboat Casino Assets, as applicable, at the Auction shall be made by the Committee in its sole discretion after consultation with the Bondholders, Seller and the Company, subject to the final determination by the Court at the Sale Hearing. At the Sale Hearing, the Court shall consider the results of the Auction and shall make a final determination of the highest and/or best offer to the Company's bankruptcy estate. After the determination of the winning bidder, Seller, or the Company, as applicable, shall promptly execute the Sale and Purchase Agreement previously executed and submitted by such winning bidder. 34 Notwithstanding anything to the contrary herein, without the prior consent of the Committee, in no event shall the Auction or the Sale Hearing occur prior to the expiration of the Environmental Due Diligence Period and in the event that the Environmental Due Diligence Period is extended beyond the date on which the Auction and the Sale Hearing are required to be held or is not terminated by Buyer prior to five (5) business days prior to the scheduled date of the Auction, the Auction and the Sale Hearing may be del...
Qualified Bidder. Unless otherwise ordered by the Bankruptcy Court, for cause shown, or as otherwise determined by Sellers in their sole discretion, in order to participate in the Bidding Process, each Person (a “Potential Bidder”), other than Buyer, must deliver (unless previously delivered) to Delphi, its counsel, its in-house counsel, and its financial advisors at the addresses provided in Section 10.3:
Qualified Bidder a Person (a) who has delivered to Seller an executed confidentiality agreement in form and substance substantially the same as the confidentiality agreement dated June 13, 2001 by and between Buyer and Seller (except that, prior to submission of a Qualified Bid, disclosure of the Qualified Bidder’s interest and proposal but not identity shall be permitted), (b) who has delivered to Seller a Competing Proposal that Seller, in good faith and upon the advice of its independent financial advisors, believe is reasonably likely to lead to a higher and better offer for the Assets, and (c) whom Seller in good faith determines is reasonably likely (based on the availability of financing and proof of financial wherewithal, experience and other relevant considerations) to be able to consummate a transaction based on the Competing Proposal, if selected as the successful bidder for the subject assets. For avoidance of doubt, Buyer shall be deemed to be a Qualified Bidder;
Qualified Bidder. The Receiver shall deem Buyer as a Qualified Bidder and this Agreement as a Qualified Bid, as defined in the Bidding Procedures.
Qualified Bidder. Each Qualified Bidder shall be invited to attend an outcry auction (the "Auction") at the Office of Xxxxxxxx Xxxxxx, LLP, which Auction must be attended in person. The Seller and the Company shall cause the Auction to commence at 1 p.m. (Central Time), on October 7,
Qualified Bidder. To be determined a qualified bidder (the "Qualified Bidder"), one must: (i) provide a fully executed purchase and sale agreement for the Property in form substantially similar to this Agreement ("Qualified Bid PSA"), acceptable to Seller,
Qualified Bidder. A Bidder that has been deemed eligible to participate beyond Phase I as described in Section 1.9.7.
Qualified Bidder. Unless otherwise ordered by the Bankruptcy Court, for cause shown, or as otherwise determined by the Seller, in order to participate in the bidding process, each person (a "Potential Bidder"), other than the Purchaser, must deliver (unless previously delivered) to Seller:
