Matching Offer definition
Examples of Matching Offer in a sentence
Conversely, if the fees set forth in the Matching Offer exceed the fees set forth in the Third Party Additional Services Offer, Customer Party may accept the Third Party Additional Services Offer.
If a Matching Offer for all of the Offered Interest is not timely made, the Transferring Member will promptly notify the applicable Holders of Participating Units and will, subject to Section 9.2.2, Transfer the Offered Interest to the Third-Party Transferee on the Offered Terms within sixty (60) days following the termination of the first refusal time period specified above.
If, after the procedures set forth in Section 9.2.1(c) above, Matching Offers covering all but not less than all of the Offered Interest are timely made, the Transferring Member will promptly notify the applicable Holders of Participating Units of the final allocation of the Offered Interest and will transfer the Offered Interest to the Participating Members in accordance with the Matching Offer and pursuant to the allocation determined pursuant to Sections 9.2.1(b) and (c).
If the Representative fails to provide the Company with a Matching Offer within the ten (10) business day period, or if the Representative notifies the Company in writing that it does not intend to match the Third Party Offer, the Representative waives its right of first refusal rights for that specific Third Party Offer and the Company shall accept the Third Party Offer.
Should the Company receive a Matching Offer, then each party (including the Buyer and the Drag-Along Shareholders) shall have a further 5 business days to make a best and final offer (the “Best and Final Offer”).