Overbid definition
Examples of Overbid in a sentence
In the event a Competing Bid is made pursuant to Section 9.3(b) of the Agreement, the deposit made by any Competing Bidder shall be held by the Escrow Agent pursuant to the terms hereof ("Overbid Escrow Funds").
Immediately upon receipt of the Overbid Escrow Funds, the Escrow Agent shall deposit the Overbid Escrow Funds in one or more federally insured interest bearing accounts at ▇▇▇▇▇▇▇ Bank, Gulfport, Mississippi.
The foregoing representation and warranty is based on (a) the assumption that the Securities were acquired by PNW free and clear of any adverse claim within the meaning of Section 8-102 of the Uniform Commercial Code pursuant to the Overbid Contract and (b) the fact that Seller has no notice of any adverse claim within the meaning of Section 8-105 of the Uniform Commercial Code.
The Overbid Escrow Funds shall be held in account separate and distinct from those of the Buyer's Escrow Funds, shall be accounted for separately by the Escrow Agent and shall be disbursed by the Escrow Agent pursuant to the terms hereof.
Seller shall also seek an Order from the Bankruptcy Court (the "Bidding Procedures Order"), 10 calendar days in advance of the hearing on the Sale Motion (the "Hearing"), providing for (i) the procedure for parties to follow in the event Seller receives a competing offer or proposal relating to the Assets and (ii) approval of the Overbid Break-up Fee specified in Section 3.2.6, which pleadings shall be in form and substance satisfactory to Purchaser.