Exercising Buyer definition

Exercising Buyer or “Exercising Buyers” shall have the meanings ascribed in
Sample 1
Exercising Buyer. As defined in Section 7.3(d)(i).
Sample 1
Exercising Buyer has the meaning set forth in Section 12.1(b).
Sample 1

Examples of Exercising Buyer in a sentence

  • As a practical matter, competitive merchant entry, unsupported by long-term contracts with net purchasers, is precluded by the high likelihood that market prices will remain suppressed by the unfettered exercise of buyer market power, intentional or unintentional, in the capacity market.4. Surplus OOM Capacity Was Created for the Express Purpose of Exercising Buyer Market Power As we have explained, the Commission does not delve into actual intent when deciding whether to mitigate suppliers.

  • The purchase of the Real Property and the execution, delivery and performance by such Exercising Buyer of this Agreement and each of the Operative Documents executed by such Exercising Buyer and delivered by Buyers’ Agent in connection with such purchase have been duly authorized by all necessary action on the part of each Exercising Buyer; provided that further authorizations from each Exercising Buyer will be required for such Exercising Buyer to exercise the Land Purchase Option.

  • Neither any Exercising Buyer nor Seller shall take any position (whether in audits, tax returns or otherwise) that is inconsistent with such allocation unless required to do so by applicable Law.

  • There are no Proceedings pending, or to such Exercising Buyer’s knowledge, threatened, against such Exercising Buyer which could materially and adversely affect its ability to perform its obligations with respect to the purchase of the Facility Assets pursuant to the Project Purchase Option.

  • Thus, the agency did not factor into its evaluation the fact that none of AHNAM’s contracts individually met the85 percent threshold.

  • Following Buyers’ Agent’s delivery of the Purchase Option Exercise Notice until the end of the Applicable Diligence Period, each Exercising Buyer will use reasonable efforts to cause the conditions to be performed by such Exercising Buyer in Article VII and Article VIII to be satisfied.

  • Except as set forth in Schedule 4.3, other than those that have been obtained or filed, no Consent of, or registration, qualification or filing with any Person, including any Governmental Authority, is required for the purchase of the Facility Assets or the execution and delivery by such Exercising Buyer of any of the Operative Documents to which it is a party or in order for such Exercising Buyer to perform its obligations hereunder.

  • Neither Seller nor any of its officers, directors, employees, shareholders or Affiliates has employed or made any agreement with any broker, finder or similar agent or any Person which will result in the obligation of any Exercising Buyer or any of their Affiliates to pay any finder’s fee, brokerage fees or commission or similar payment in connection with the transactions contemplated hereby.

  • Neither such Exercising Buyer, nor any of its members, officers, directors, or employees, has employed or made any agreement with any broker, finder or similar agent or any Person which will result in the obligation of Seller or any of its Affiliates to pay any finder’s fee, brokerage fees, or commission or similar payment in connection with the transactions contemplated hereby.

  • There are no Proceedings pending, or to such Exercising Buyer’s knowledge, threatened, against such Exercising Buyer which could materially and adversely affect its ability to perform its obligations with respect to the purchase of the Real Property pursuant to a Purchase Option Exercise Notice.

Related to Exercising Buyer

  • Tag-Along Seller has the meaning set forth in Section 8.5(b).

  • Drag-Along Sellers shall have the meaning set forth in Section 4.2.1.

  • Person acting as a parent means a person, other than a parent, who:

  • Prospective Buyer means any person or entity negotiating or offering to become an owner or lessee of residential real property by means of a transfer for value to which this Act applies.

  • Option Closing Purchase Price shall have the meaning ascribed to such term in Section 2.2(b), which aggregate purchase price shall be net of the underwriting discounts and commissions.

  • Installment buyer or "buyer" means a person that buys, hires, or leases a motor vehicle for personal, family, or household use, and not for commercial, business, or agricultural use, under an installment sale contract or a legal successor in interest to that person.

  • Third Party Buyer means any Person other than (i) the Company or any of its Subsidiaries, (ii) any employee benefit plan of the Company or any of its Subsidiaries, (iii) the Investors or (iv) any Affiliates of any of the foregoing.

  • Additional Purchased Securities Securities provided by Seller to Buyer pursuant to Paragraph 4(a) hereof;

  • Controlling Shareholder means any shareholder owning more than fifty

  • Purchaser means the organization purchasing the goods.

  • Seller Shares means all shares of Common Stock of the Company owned as of the date hereof or hereafter acquired by a Common Holder, as adjusted for any stock splits, stock dividends, combinations, subdivisions, recapitalizations and the like.

  • Qualified buyer means an applicant who meets the criteria in section 4.

  • Sale Shares shall have the meaning given to it in Recital (B);

  • Company Shareholder means a holder of one or more Company Shares;

  • Purchaser Warrants means Purchaser Private Warrants and Purchaser Public Warrants, collectively.

  • Co-Investor means any of (a) the assignees, if any, of the equity commitments of any Sponsor who become holders of Equity Interests in the Borrower (or any of the direct or indirect parent companies of the Borrower) on the Original Closing Date in connection with the acquisition of the Company by the Sponsor and (b) the transferees, if any, that acquire, within 90 days of the Original Closing Date, any Equity Interests in the Borrower (or any of the direct or indirect parent companies of the Borrower) held by any Sponsor as of the Original Closing Date.

  • Selling Shareholder has the meaning set forth in Section 3.04(a).

  • Put Closing shall have the meaning set forth in Section 2.3.8.

  • Purchasing Party means a Party purchasing an Offered Service.

  • Company Securities has the meaning set forth in Section 3.02(b)(ii).

  • Purchasing CLO shall have the meaning set forth in Section 16.3(d) hereof.

  • Sold Shares shall have the meaning specified in Section 6.

  • Prospective Purchaser shall have the meaning set forth herein in Section 2.2(a).

  • The Purchaser means the organization purchasing the Goods, as named in SCC.

  • Warrant Holder means the holder of a Call Warrant.

  • Purchased Stock means a right to purchase Common Stock granted pursuant to Article IV of the Plan.