Backup Offers Sample Clauses

The Backup Offers clause allows a seller to accept additional offers on a property while the primary offer is under contract. If the initial transaction falls through—such as if the primary buyer fails to meet certain conditions or deadlines—the seller can then proceed with a backup offer without needing to re-list the property. This clause ensures that the seller has alternative buyers lined up, minimizing downtime and reducing the risk of the property remaining unsold if the first deal collapses.
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Backup Offers. Buyer acknowledges that Seller may continue to market the Property and solicit and accept backup offers for the sale of Property.
Backup Offers. Following the mutual execution of this Agreement and continuing until the expiration of the Due Diligence Period, Seller reserves the right to solicit, obtain, negotiate, document and receive backup offers for the Property as long as such backup offers are expressly subject to Purchaser’s prior right to purchase the Property pursuant to this Agreement. Such right of Seller regarding backup offers includes, without limitation, the right to deliver due diligence materials to such backup offeror, to meet with the same in connection with its due diligence investigation, and to allow such backup offeror access to the Property in connection with its due diligence investigation.
Backup Offers. After June 24, 2002, Sellers will not negotiate or solicit with any other parties concerning the sale of the Club and any negotiations with other prospective purchasers that may have been entered into will be held in abeyance pending a Closing hereunder and will be terminated in the event of such Closing. In the event that Purchaser defaults hereunder prior to or at Closing, Sellers may resume negotiations with such other prospective purchasers.
Backup Offers. Following the mutual execution of this Agreement and continuing until the Closing, Seller reserves the right to solicit, obtain, negotiate, document and receive backup offers for the Property as long as such backup offers are expressly subject to Purchaser’s prior right to purchase the Property pursuant to this Agreement. Such right of Seller regarding backup offers includes, without limitation, the right to meet with such backup offeror and to allow such backup offeror access to the Property.
Backup Offers. SELLER reserves the right to negotiate and accept additional purchase offers for the Unit. SELLER may enter into other written agreements for the purchase of the Unit, subject to this Agreement. Should BUYER default or should this Agreement be terminated for any reason, in addition to any remedy provided under this Agreement, SELLER shall have the right to sell the Unit to a backup purchaser.
Backup Offers. Seller encourages Broker to procure backup offers, and Seller will accept backup offers subject to Seller's right to negotiate previously submitted offers.
Backup Offers. On and after the Agreement Date but only until the expiration of the Due Diligence Period if Buyer has not elected to not proceed with its purchase of the Purchase Property pursuant to Section 3.3 or 7.2, Seller shall have the right to market the Purchase Property and negotiate with third parties concerning the sale of the Purchase Property. On and after the Agreement Date but only until the expiration of the Due Diligence period if Buyer has not elected to not proceed with its purchase of the Purchase Property pursuant to Section 3.3 or 7.2, Seller shall have the right to make and accept "backup" offers and to execute "backup" agreements subject to this Agreement for the sale of the Purchase Property.
Backup Offers. Subject to the rights of the Purchaser as described in this Agreement, Seller shall have the right to discuss, negotiate and accept backup offers for the purchase of the Conveyed Property with third-parties in the event Purchaser and Seller do not proceed to Closing hereunder.

Related to Backup Offers

  • Valid Offering Assuming the accuracy of the representations and warranties of the Purchaser contained in this Agreement, the offer, sale and issuance of the Securities will be exempt from the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), and will have been registered or qualified (or are exempt from registration and qualification) under the registration, permit or qualification requirements of all applicable state securities laws.

  • Third-Party Offerings Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s option, if available. If Distributor chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor and the third-party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

  • Tender Offers In case (i) a tender or exchange offer made by the Company or any subsidiary of the Company for all or any portion of the Common Stock shall expire and such tender or exchange offer (as amended upon the expiration thereof) shall require the payment to stockholders (based on the acceptance (up to any maximum specified in the terms of the tender or exchange offer) of Purchased Shares) of an aggregate consideration having a fair market value (as determined by the Board of Directors, whose determination shall be conclusive and described in a Board Resolution) that combined together with (ii) the aggregate of the cash plus the fair market value (as determined by the Board of Directors, whose determination shall be conclusive and described in a Board Resolution), as of the expiration of such tender or exchange offer, of consideration payable in respect of any other tender or exchange offer, by the Company or any subsidiary of the Company for all or any portion of the Common Stock expiring within the 12 months preceding the expiration of such tender or exchange offer and in respect of which no adjustment pursuant to paragraph (5) of this Section or this paragraph (6) has been made and (iii) the aggregate amount of any distributions to all holders of the Company's Common Stock made exclusively in cash within the 12 months preceding the expiration of such tender or exchange offer and in respect of which no adjustment pursuant to paragraph (5) of this Section or this paragraph (6) has been made, exceeds 15% of the product of the Current Market Price per share of the Common Stock as of the last time (the "Expiration Time") tenders could have been made pursuant to such tender or exchange offer (as it may be amended) times the number of shares of Common Stock outstanding (including any tendered shares) on the Expiration Time, then, and in each such case, immediately prior to the opening of business on the day after the date of the Expiration Time, the Settlement Rate shall be adjusted so that the same shall equal the rate determined by dividing the Settlement Rate immediately prior to the close of business on the date of the Expiration Time by a fraction (A) the numerator of which shall be equal to (x) the product of (I) the Current Market Price per share of the Common Stock on the date of the Expiration Time and (II) the number of shares of Common Stock outstanding (including any tendered shares) on the Expiration Time less (y) the amount of cash plus the fair market value (determined as aforesaid) of the aggregate consideration payable to stockholders based on the transactions described in clauses (i), (ii) and (iii) above (assuming in the case of clause (i) the acceptance, up to any maximum specified in the terms of the tender or exchange offer, of Purchased Shares), and (B) the denominator of which shall be equal to the product of (x) the Current Market Price per share of the Common Stock as of the Expiration Time and (y) the number of shares of Common Stock outstanding (including any tendered shares) as of the Expiration Time less the number of all shares validly tendered and not withdrawn as of the Expiration Time (the shares deemed so accepted, up to any such maximum, being referred to as the "Purchased Shares").

  • Services Offered Exhibit I hereto lists and describes all of the services that are available from DRS. DRS hereby offers to supply those services to the Company. Such services are and will be provided to the Company only at the request of the Company.

  • Agreement Not to Offer or Sell Additional Securities During the period commencing on the date hereof and ending on the Closing Date, the Company will not, without the prior written consent of the Representatives (which consent may be withheld at the sole discretion of the Representatives), directly or indirectly, sell, offer, contract or grant any option to sell, pledge, transfer or establish an open “put equivalent position” within the meaning of Rule 16a-1(h) under the Exchange Act, or otherwise dispose of or transfer, or announce the offering of, or file any registration statement under the Securities Act in respect of, any debt securities of the Company similar to the Notes or securities exchangeable for or convertible into debt securities similar to the Notes (other than as contemplated by this Agreement with respect to the Notes).