Qualified Bids. The Seller shall consider a bid only if the bid is a "Qualified Bid." Except as otherwise provided in the Bidding Procedures Order or further order of the Bankruptcy Court, to be a Qualified Bid, in addition to the requirements of subsection (d) above, the bid must:
Qualified Bids. A bid shall be considered a “Qualified Bid” if it shall:
Qualified Bids. The General Terms and Conditions and Supplemental Terms and Conditions included in this bid document will govern the performance of the work. No other terms and conditions will be accepted. Bids that are conditioned in any way, or Bids that take exception in any way to the Pend Oreille Counties’ General and Supplemental Ter-ms and responsive.
Qualified Bids. A bid will be considered only if the bid:
Qualified Bids. A. A bid or offer received from a Qualifying Bidder will constitute a "Qualified Bid" only if such bid or offer includes all of the Qualified Bid Documents (as defined below), meets all of the Qualified Bid Requirements (as defined below), and is accompanied by the Good Faith Deposit (as defined below).
Qualified Bids. To be deemed a “Qualified Bid,” a bid must be received by the Bid Deadline and, among other things, (i) must be on terms and conditions (other than the amount of the consideration and the particular liabilities being assumed) that are substantially similar to, and are not materially more burdensome or conditional to Seller than those contained in the Agreement, (ii) must not be contingent on obtaining financing or the outcome of unperformed due diligence beyond the contingencies set forth in the Agreement, (iii) must have a value (inclusive of any credit bid component) greater than the purchase price reflected in the Agreement plus the amount of the Break-Up Fee, (iv) must not be conditioned on bid protections, other than those contemplated in the Bidding Procedures, (v) must contain acknowledgements and representations as set forth in the Bidding Procedures, and (vi) include a commitment to consummate the Sale within not more than fifteen (15) days after entry of a Bankruptcy Court order approving such purchase. The Seller, in consultation with the Committee (if one is appointed in the Debtor’s case), shall have the right to deem a bid a Qualified Bid, if such bid does not conform to one or more of the aforementioned requirements, provided however, that such bid must have a value greater than or equal to the sum of the Purchase Price plus the amount of the Break-Up Fee, taking into account all material terms of any such bid. Each Qualified Bid other than that of the Purchaser shall be called a “Subsequent Bid.” Bid Protection Recognizing the Purchaser’s expenditure of time, energy, and resources, the Seller has agreed to provide certain bid protections to the Purchaser. Specifically, the Seller has determined that the Agreement will further the goals of the Bidding Procedures by setting a floor which all other Qualified Bids must exceed and, therefore, is entitled to be selected as the Purchaser. As a result, the Seller has agreed that if the Seller sell the Assets to a Successful Bidder other than the Purchaser, the Seller shall, in certain circumstances, pay to the Purchaser a Break-Up Fee equal to three percent (3%) of the Aggregate Cash Consideration (as defined in the Agreement). The payment of the Break-Up Fee shall be governed by the provisions of the Agreement and the Bidding Procedures Order.
Qualified Bids. A bid will be considered a Qualified Bid only if the bid complies with all of the following (“Qualified Bid”):
Qualified Bids. The Credit Parties shall have not, on or before July 15, 2014, received one or more Qualified Bids (as defined in the Strategic Transaction Bidding Procedures Motion) for (i) one or more asset sales that will result in sufficient aggregate net cash proceeds to pay, upon the consummation of the asset sale transaction(s) but in no event later than the Termination Date, in full in cash all Obligations (other than contingent obligations not yet due and payable) or (ii) an Acceptable Reorganization Plan, accompanied by sufficient capital and financing commitments for any equity or debt financing that contemplates paying, on the effectiveness thereof but in no event later than the Termination Date, in full in cash all Obligations under the Loan Documents (other than contingent obligations not yet due and payable).
Qualified Bids. Pursuant to the Bidding Procedures Order, any and all Qualified Bids shall have been submitted on or prior to January 5, 2016 (or such later date as agreed in writing by all of the Parties hereto) (the “Bid Deadline”). If any Qualified Bid is submitted prior to the Bid Deadline, Sellers shall have commenced the auction contemplated by the Bidding Procedures on or prior to January 7, 2016 (or such later date as agreed in writing by all of the Parties hereto).
Qualified Bids. (1) Qualified Purchase Bids and Qualified Investment Bids shall hereinafter be referred to as "Qualified Bids" and each a "Qualified Bid" and each bidder who has submitted a Qualified Bid shall hereinafter be referred to as a "Qualified Bidder".
