Open Negotiation definition
Examples of Open Negotiation in a sentence
If, during the Open Negotiation Period, SMI receives a bona fide offer of terms with a Third Party that are acceptable to SMI for an agreement that includes Distribution of the New Product (a “Bona Fide Offer”), SMI shall notify and warrant to CryoLife in writing (an “Offer Notice”) of the receipt of a Bona Fide Offer prior to the termination of the Open Negotiation Period, which notice shall include the specific terms of such Bona Fide Offer.
During the Open Negotiation Period, the Company shall promptly respond to Finisar’s reasonable requests for documents and other information.
Following delivery of the Negotiation Notice and during the Open Negotiation Period, Finisar may (i) examine such documents and other materials of the Company as Finisar shall reasonably request (subject to usual and customary confidentiality terms) and (ii) submit an offer for a Sale Transaction to the Company.