Common use of Third Party Offer Clause in Contracts

Third Party Offer. Notwithstanding anything contained in this Section 8.12 of this Agreement to the contrary, if the purchase of the Company interest proposed for sale results from an exercise of a right of first refusal by the Company as provided in Section 8.11 of this Agreement, then the purchase price shall be the price in the third party offer.

Appears in 2 contracts

Samples: Series Limited Liability Company Operating Agreement, Series Limited Liability Company Operating Agreement

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Third Party Offer. Notwithstanding anything contained in this Section 8.12 8.13 of this Agreement to the contrary, if the purchase of the Company interest proposed for sale results from an exercise of a right of first refusal by the Company as provided in Section 8.11 of this Agreement, then the terms for the payment of the purchase price shall be the price those set forth in the third party offerpartyoffer.

Appears in 2 contracts

Samples: Series Limited Liability Company Operating Agreement, Series Limited Liability Company Operating Agreement

Third Party Offer. Notwithstanding anything contained in this Section 8.12 Sub Article 9.5 of this Agreement to the contrary, if the purchase of the Company interest proposed for sale results from is the result of an exercise of a right of first refusal by the Company as provided in Section 8.11 Sub Article 9.4(d) of this Agreement, then the purchase price shall be the price set forth in the third party offer.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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Third Party Offer. Notwithstanding anything contained in this Section 8.12 Sub Article 9.6 of this Agreement to the contrary, if the purchase of the Company interest proposed for sale results from is the result of an exercise of a right of first refusal by the Company as provided in Section 8.11 Sub Article 9.4(d) of this Agreement, then the terms for the payment of the purchase price shall be the price those set forth in the third party offer.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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