Matching Bid definition
Examples of Matching Bid in a sentence
The Board shall take into account the terms and conditions of any Matching Bid in determining whether the Competing Proposal continues to constitute a Superior Proposal.
In the case of the initial Superior Proposal, the Company shall give the Investor forty-eight (48) hours after delivery of the Offer Notice to propose revisions to the terms of this Agreement or the transactions contemplated hereby (or make any other proposals) (a “Matching Bid”) and during such time shall negotiate and cause its representatives to negotiate (if the Investor notifies the Company that it desires to negotiate), in good faith with the Investor as to such Matching Bid.
In the event that a Matching Bid Notice is given within such period, the Terminating Facility and APS shall promptly execute and deliver to each other an amendment to the Pharmacy Agreement modifying the terms to incorporate the terms of such Matching Bid Notice, which amendment shall be effective for the term specified in the Competitive Bid Notice.
If Crystal River accepts a Buyer's Initial Bid or a Buyer's Matching Bid as provided above, the Buyer shall purchase the Subject Securities, and pay in full the purchase price specified in such bid, in immediately available funds, not later than three business days following delivery by Crystal River to the Buyer of notice of such acceptance (unless Crystal River and the Buyer agree in writing to an alternate payment schedule).
In the event that APS receives a Competitive Bid Notice meeting the requirements of subsection 2.C., APS shall have the right, for a period of forty five (45) days after its receipt thereof, but no obligation whatsoever, to match the Competitive Bid by furnishing notice to the Terminating Facility of its election to do so (a "Matching Bid Notice").
In the event that Buyer submits a Matching Bid, the Board of Directors shall not approve or recommend a Superior Competing Transaction or enter an agreement with respect thereto.