Examples of Alternative Purchaser in a sentence
Payment of the Break-Up Fee and Expense Reimbursement shall be made by wire transfer of immediately available U.S. funds to an account designated by Buyer from the proceeds of a sale to an Alternative Purchaser, with such payment to be made immediately upon the consummation of such sale.
Subject to Sellers’ rights under Section 11.1, if Buyer is not the Successful Bidder, the Deposit shall be returned to Buyer on the date on which the closing of a sale to an Alternative Purchaser takes place.
If Seller elects the Cash Settlement Alternative, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than 30 nor more than 90 days prior to the Exchange Date as then in effect.
The Break-Up Fee plus the Expense Reimbursement are deemed approved and shall be paid to Buyer from the proceeds of the sale actually paid by a Successful Bidder (as such terms is defined in the Bidding Procedures) in the event the Bankruptcy Court (i) enters an order approving an offer to purchase the Transferred Assets submitted by an Alternative Purchaser, and (ii) such Alternative Purchaser closes on the sale with the Sellers.
The ACCC is therefore assessing each of the proposed acquisitions on the basis that, in the likely future without it, a party other than Aurizon or PN will acquire GRail (an Alternative Purchaser).
The Break-Up Fee plus the Expense Reimbursement are deemed approved and shall be paid to Buyer from the proceeds of the sale actually paid by a Successful Bidder in the event the Bankruptcy Court (i) enters an order approving an offer to purchase the Transferred Assets submitted by an Alternative Purchaser, and (ii) such Alternative Purchaser closes on the sale with the Sellers.
Notwithstanding the foregoing, nothing in this Section 8.20(b) shall preclude Purchaser from (1) submitting a revised offer to purchase all or substantially all of the Purchased Assets following submission by an Alternative Purchaser of an offer or proposal with respect to an Alternative Transaction, or (2) prior to a valid termination of this Agreement in accordance with Article XI, seeking an injunction and/or specific performance of this Agreement in accordance with Section 12.13.
If Seller elects the Cash Settlement Alternative, Purchaser shall provide notice of such election to the holders of the Securities, not less than 45 days, nor more than 90 days, prior to the Exchange Date as then in effect.
At least 7 days prior to the Closing Date, Mx. Xxxxxxx shall notify the Seller, in writing, as to whether the Shares will be acquired by Mx. Xxxxxxx or the Alternative Purchaser and, in this latter case, shall immediately provide, in writing, the corporate name and any and all data and information concerning the Alternative Purchaser, which may be requested by the Seller.
In order to exercise the option referred to in the preceding sentence, the Purchaser must deliver written notice to the Alternative Purchaser not later than the second Business Day following the termination of this Agreement pursuant to Section 8.01(f).