Higher Competing Offer definition

Higher Competing Offer means an offer, increased offer, proposed offer or proposed increased offer (including by means of a scheme of arrangement), by or on behalf of a party other than the Acquirer for the Company and which is:
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Higher Competing Offer means an offer (whether by means of a takeover offer within the meaning of Section 974 of the Companies Act 2006 or by way of a scheme of arrangement pursuant to Part 26 of the Companies Act 2006) for the entire issued and to be issued share capital of the Company at a price per share exceeding at least 5 per cent. over the price per share available under the Offer at that time and for these purposes where any such Higher Competing Offer is made and the consideration includes or constitutes non-monetary consideration, the price shall be deemed to be equal to the value of such non-monetary consideration for the purposes of calculating the price per share;
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Higher Competing Offer has the meaning set forth in Section 3.5.
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Examples of Higher Competing Offer in a sentence

  • For the avoidance of doubt nothing in this paragraph shall prevent us from providing any commitment pursuant to a Higher Competing Offer (as defined in paragraph 6 below), including enabling it be announced pursuant to Rule 2.7 of the Code.

  • The 2015 Performance of the Defense Acquisition System listed 27 DOD programs as outliers.

  • For purposes of this Agreement, "Release Amount" shall be the difference between (i) the price per Share paid to the Principal Shareholders in any Higher Competing Offer and (ii) the Offer Price, multiplied by the total number of Shares sold by the Principal Shareholders in the Higher Competing Offer.

  • Intravascular myopericytoma beside the shinbone: a rare histological variant.

  • To the extent Bidder grants such consent, then the Principal Shareholders shall be permitted to withdraw the PS Shares from the Offer and tender the PS Shares into the Higher Competing Offer, and shall jointly and severally become irrevocably obligated to pay Bidder the Release Amount not later than three business days after receipt of the consideration paid in the Higher Competing Offer.

  • During the period of the suspension PAI shall not accept the Higher Competing Offer.

  • The irrevocable undertaking given by Hermes will cease to be binding: (i) if the Announcement is not released by 12:00 p.m. (London time) on 13 April 2012; (ii) if the Scheme Document is not published within 28 days of the date of this Announcement; (iii) if a Higher Competing Offer (as defined below) has been announced in accordance with the requirements of Rule 2.7 of the Code.

  • Offer 7.1 SIM's obligations under paragraph 3 above will lapse if a Higher Competing Offer is made by a third party prior to the latest time for acceptance of the Offer (pursuant to this letter) in respect of any LASMO Shares.

  • In that event, Lion would be free to accept any higher competing offer (whether that offer meets the requirements of a Higher Competing Offer) or to sell any of its shares to any other person or on-market.

  • The effect of these provisions is that, if a Higher Competing Offer is announced before the date of the Lion Shareholder meeting which is not matched by Xstrata, the Lion Directors may recommend that shareholders vote against the relevant resolution.


More Definitions of Higher Competing Offer

Higher Competing Offer means an offer by a third party for the fully diluted ordinary shares of 25p each in the capital of LASMO which has a value, upon the announcement of a firm intention on the part of the third party to make such offer (without a requirement for fulfilment of any precondition), for each share in LASMO to which it relates which is more than 110 per cent. of the lower of (a) 180p and (b) the sterling value of the Offer as at close of NYSE dealing on the NYSE dealing day immediately preceding such announcement translating the value of Amerada Hess shares from U.S. dollars to sterling at the exchange ratx xxxxxxxxxg at that time.
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Higher Competing Offer means an offer by a third party for the fully diluted ordinary shares of 25p each in the capital of LASMO which has a value, upon the announcement of a firm intention on the part of the third party to make such offer (without a requirement for fulfilment of any precondition), for each share in LASMO to which it relates which is more than 110 per cent. of the lower of (a) 180p and (b) the Offer as at close of NYSE dealing on the NYSE dealing day immediately preceding such announcement translating the value of Amerada Hess shares from U.S. dollars to sterling at the exchange rate xxxxxxxxxx at the time.
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Higher Competing Offer means a competing offer from a third party to acquire any or all of the Frontline Shares at a price that is not less than S$0.315 per Frontline Share.
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Higher Competing Offer has the meaning set out in Clause 6.4;
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Related to Higher Competing Offer

  • Competing Offer means a Tender Offer for Units which (i) is Commenced prior to the expiration of the Offer by a Person that is not an Affiliate (or in the case of Waltxx Xxxeet, as to its Associates only) of any Partner and (ii) has a cash purchase price per Unit that is at least 2% (10% with respect to the first Competing Offer made following the Offer by the Partnership)

  • Competitive solicitation means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

  • Eligible Proposal means a Proposal that meets or exceeds the prescribed requirement, proceeding to the next stage of evaluation;

  • Competitive employment means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

  • Competing Proposal shall have the meaning set forth in Section 6.5(f)(i).

  • Competing Permitted Bid means a Take-over Bid that:

  • Competing Service means implementation, consulting, support, maintenance, development and/or training services relating to or in connection with the use of any Company Products or Competing Products.

  • Designated Bidder means (a) an Eligible Assignee or (b) a special purpose corporation that is engaged in making, purchasing or otherwise investing in commercial loans in the ordinary course of its business and that issues (or the parent of which issues) commercial paper rated at least "Prime-1" (or the then equivalent grade) by Xxxxx'x or "A-1" (or the then equivalent grade) by S&P that, in the case of either clause (a) or (b), (i) is organized under the laws of the United States or any State thereof, (ii) shall have become a party hereto pursuant to Section 8.07(d), (e) and (f) and (iii) is not otherwise a Lender.

  • Qualifying Offer shall have the meaning set forth in Section 11(a)(ii) hereof.

  • Competing Transaction means (i) any direct or indirect acquisition by any person or entity of any securities representing a controlling equity interest in the Company or all or substantially all of its assets or (ii) a recapitalization, restructuring, merger, consolidation or other business combination involving a change in control of the Company or any of its material subsidiaries, in either case other than the Transaction involving all of the Parties.

  • Competitive service means any service offered by an electric

  • Direct Competitor means any individual, partnership, corporation, limited liability company, association, or other group, however organized, who competes with the Company in the full service restaurant business.

  • Bona Fide Offer means an actual or genuine offer which includes a specific wage or a training opportunity at a specified place when used to determine whether the parent has refused an offer of training or employment.

  • Competitive integrated employment means work (including self-employment) that is performed on a full-time or part-time basis:

  • Competitive Position means any employment with a Competitor in which Executive will use or is likely to use any Confidential Information or Trade Secrets, or in which Executive has duties for such Competitor that relate to Competitive Services and that are the same or similar to those services actually performed by Executive for the Company;

  • Competitive Activity will not include (i) the mere ownership of securities in any such enterprise and the exercise of rights appurtenant thereto or (ii) participation in the management of any such enterprise other than in connection with the competitive operations of such enterprise.

  • Competing Activity means the providing of services or performance of activities for a Competitive Enterprise in a line of business that is similar to any line of business to which the Executive provided services to the Firm in a capacity that is similar to the capacity in which the Executive acted for the Firm while employed by the Firm, and (ii) “Competitive Enterprise” shall mean a business (or business unit) that (A) engages in any activity or (B) owns or controls a significant interest in any entity that engages in any activity, that in either case, competes anywhere with any activity in which the Firm is engaged up to and including the Executive’s Date of Termination. Further, notwithstanding anything in this Section 5, the Executive shall not be considered to be in violation of this Section 5 solely by reason of owning, directly or indirectly, any stock or other securities of a Competitive Enterprise (or comparable interest, including a voting or profit participation interest, in any such Competitive Enterprise) if the Executive’s interest does not exceed 5% of the outstanding capital stock of such Competitive Enterprise (or comparable interest, including a voting or profit participation interest, in such Competitive Enterprise).

  • Competitive Business means any firm, partnership, joint venture, corporation and/or any other Person, and/or any licensee of such entity, that develops, manufactures, markets, distributes, provides, offers, or sells any services or products substantially similar to First Party’s services or products.

  • Bid Solicitation means a formal request for Bids, including Informal Quotation, Request for Quotation, Request for Pre-Qualification, Request for Tender, Request for Proposal, Request for Expression of Interest, or Request for Information.

  • Competitive Sealed Bidding means the competitive process described within an Invitation for Bids, wherein the City invites Offerors to submit bids to supply the City with the Goods and/or Service describes in the Solicitation document, where the City will award the resulting contract to the responsible Offeror submitting the low responsive bid.

  • Qualified Bidder As defined in Section 7.01(c).

  • Competitive Business Activity means:

  • Selected Bidder means the bidder who has been selected by DMRC, pursuant to the bidding process for award of license.

  • Qualified Bidder(s means a Bidder who fulfills the eligibility criteria listed out in the E-Auction Process Information Document.

  • Open Competitive Bidding means a fair and transparent specified procedure defined under these Rules, advertised in the prescribed manner, leading to the award of a contract whereby all interested persons, firms, companies or organizations may bid for the contract and includes both National and International Competitive Biddings;

  • Competing Services means to provide, manage, supervise, or consult about (whether as an employee, owner, partner, stockholder, investor, joint venturer, lender, director, manager, officer, employee, consultant, independent contractor, representative or agent, or otherwise) any services that are similar in purpose or function to services you provided to the Company in the two year period preceding the termination of your employment, that might involve the use or disclosure of Confidential Information, or that would involve business opportunities related to Relevant Products.