Acquisition Candidate definition
Examples of Acquisition Candidate in a sentence
During the Restricted Period and thereafter for as long as the Executive shall remain an employee of or consultant to the Company, the Executive shall not call on any Acquisition Candidate (as defined below in this Section 4.1.6), with the knowledge of such Acquisition Candidate's status as such, for the purpose of acquiring, or arranging the acquisition of, that Acquisition Candidate by any person or entity other than the Company.
If the Company, Nationwide or a Nationwide Subsidiary makes an acquisition analysis of an entity as an Acquisition Candidate, but does not call upon such Acquisition Candidate, then such entity shall cease to be an Acquisition Candidate upon the expiration of 12 months after completion of the acquisition analysis; provided that nothing herein shall limit the covenants and agreements set forth above.
During the Employment Term and the Restricted Period, the Executive shall not call on any Acquisition Candidate (as defined below in this Section 4.1.6), with the knowledge of such Acquisition Candidate's status as such, for the purpose of acquiring, or arranging the acquisition of, that Acquisition Candidate by any person or entity other than the Company.
In this Section 4.1.6 "Acquisition Candidate" means any person or entity engaged in the Business and (i) which was called on by the Company, in connection with the possible acquisition by the Company of that person or entity, or (ii) with respect to which the Company has made an acquisition analysis.
During the Employment Term and the Restricted Period, the Executive shall not call on any Acquisition Candidate (as defined below in this Section 4.1.6), with the knowledge of such Acquisition Candidate’s status as such, for the purpose of acquiring, or arranging the acquisition of, that Acquisition Candidate by any person or entity other than the Company.
During the Restricted Period and thereafter for as long as the Executive shall remain an employee of or consultant to the Company, the Executive shall not call on any Acquisition Candidate (as defined in this Section 4.1.6), with the knowledge of such Acquisition Candidate’s status as such, for the purpose of acquiring, or arranging the acquisition of, that Acquisition Candidate by any person or entity other than the Company.
EBITDA shall be calculated in a manner consistent with the calculation of the Historical EBITDA of such Acquisition Candidate.
In no event shall Company or any Affiliate be obligated to close any acquisition with regard to any business identified by the Consultant as an Acquisition Candidate, and no fee shall be payable hereunder unless and until such acquisition closes.
To the extent that the Acquiror has access to the officers, directors, employees, independent accountants and legal counsel of any Acquisition Candidate, it will provide such access to EVEREN.
The restraints against competition imposed on and agreed to by each Seller hereunder shall apply to, and be enforceable in, the State of Arizona, and/or an area within fifty (50) miles of any location where the Buyer, or any of its affiliates or subsidiaries, or any Acquisition Candidate, is doing business.