Competing Bidders Sample Clauses

Competing Bidders. (a) Any third-party that in good faith requests of Sellers in writing an opportunity to conduct due diligence to prepare and submit a Competing Bid (i) shall be given complete access to public information; and (ii) with respect to nonpublic information of a proprietary or confidential nature, shall be given access for the sole purpose of submitting a Competing Bid, provided that the Competing Bidder first executes a confidentiality agreement, substantially in the form of Exhibit R hereto (the "Confidentiality Agreement"), which contains a provision in which the Competing Bidder is advised and acknowledges that the Managers and Franco are members of the Purchasing Group and submits to the jurisdiction of the Bankruptcy Court for purposes of enforcement of such Confidentiality Agreement. (b) If a closing under an agreement with a successful Competing Bidder is not timely concluded, the Seller shall be authorized without further Bankruptcy Court Order promptly to conclude the transaction with the next highest willing bidder in accordance with the terms of the next highest Competing Bid (provided the next highest Competing Bid otherwise complies with this Agreement). (c) Any and all Competing Bid Deposits submitted by unsuccessful Competing Bidders shall be returned to their respective Competing Bidder, unless the Competing Bidder shall have been deemed to have been in default of its Competing Bid in which case the Competing Bid Deposit shall be kept by the Seller.
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Competing Bidders. 32 EXHIBITS Exhibit A Form of Escrow Agreement Exhibit B Form of Guarantee of Peter R. Harvey Exhibit C Form of Guarantee of Ma▇▇ ▇. ▇▇▇▇▇▇ ▇▇hibit D [INTENTIONALLY OMITTED] ▇▇▇▇▇▇▇ ▇ ▇▇▇▇ of Guarantee of The Lori Corporation Exhibit F Form of Guarantee of A▇▇▇▇ Group Incorporated Exhibit G [INTENTIONALLY OMITTED] Exhibit H Form of Certification that an Entity Transferor is Not a Foreign Person Exhibit I Form of General Release and Waiver of Donald J. Amoruso Exhibit J Form of General Relea▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ Gordian Group, L.P. Exhibit K Form of Mutual Release and Waiver Between Spectrum Global Services, Inc. and Gerald K. Sandler Exhibit L [INTENTIONALLY OMITTE▇] ▇▇▇▇▇▇▇ ▇ ▇▇▇▇ of Mutual Release Between Spectrum Information Technologies Inc. and James L. Paterek Exhibit N Form of Mutual Release ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇m Information Technologies, Inc. and Michael Ferrentino Exhibit O Form of Mutual Relea▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇m Information Technologies, Inc. and Christopher P. Franco Exhibit P Form of Manager E▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇it Q Form of Non-Competition Agreement Exhibit R Form of Confidentiality Agreement STOCK PURCHASE AGREEMENT STOCK PURCHASE AGREEMENT dated September 11, 1995 by and among SPECTRUM INFORMATION TECHNOLOGIES, INC., a corporation organized under the laws of the State of Delaware ("Seller") and THE LORI CORPORATION, a corporation organized under t▇▇ ▇aws of the State of Delaware ("Lori"), COMFORCE CORP., a corporation organized u▇▇▇▇ the laws of the State of Delaware ("Purchaser"), ARTRA GROUP INCORPORATED, a corporation organized under the laws of the State of Pennsylvania ("ARTRA"), PETER R. HARVEY ("Harvey"), MARC L. WERNER ("Wern▇▇"), ▇▇▇▇▇ ▇. PAT▇▇▇▇ ("Pat▇▇▇▇"), ▇▇▇▇▇▇L F▇▇▇▇▇▇INO ("▇▇▇▇▇▇▇▇▇▇"), and ▇▇▇▇▇▇OPHE▇ ▇. ▇▇▇▇▇▇ ("▇▇▇▇co").
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Related to Competing Bidders

  • BIDDERS 4.1 All intending bidders shall be required to verify their identities by producing for inspection by the Auctioneer their identity cards prior to the commencement of the Auction Sale, failing which they shall not be entitled to participate in the bidding. 4.2 In the event that the Auctioneer in his absolute discretion so request, the intending bidders shall deposit with the Auctioneer a photocopy of their respective identity cards. 4.3 In the event that an intending bidder is bidding at the Auction Sale on behalf of another party, such intending bidder (`the Agent’) shall be deemed to be an agent of the party for whom he is bidding the Property for. 4.4 For Bumiputera lot or if the sale is restricted to Bumiputera only, only Bumiputera is allowed to purchase or to bid or to act for and on behalf of the bidder. For Malay Reserve Land or Native Land, only Malay or Native is allowed to purchase or to bid or to act for and on behalf of the bidder. For all other special quota lot, only the race/party identified in the special quota lot therein is allowed to purchase or to bid or to act for and on behalf of the bidder. 4.5 A foreign citizen or foreign company is only allowed to bid for the Property subject to the prevailing legal requirements, guidelines and/or existing policies and if the bid is successful, the sale is subject to the foreign citizen or foreign company applying and obtaining at his/her/its own costs the unconditional consent of the Foreign Investment Committee (if any) and/or relevant State Authorities to the said sale in accordance with the terms stated. 4.6 Prior to the commencement of the Auction Sale the Agent shall disclose to the Auctioneer that he, the Agent, will be bidding the Property in his capacity as Agent for the Purchaser. The Agent shall further prior to the commencement of the Auction Sale disclose to the Auctioneer the identity of the Purchaser. 4.7 The Agent shall deposit with the Auctioneer prior to the commencement of the Auction Sale such instrument of authority from the Principal authorizing the Agent to bid at the Auction Sale. The Auctioneer shall have the absolute discretion to determine whether the instrument of authority is acceptable to the Auctioneer to permit the Agent to bid at the Auction Sale. The decision of the Auctioneer in this respect shall be final.

  • Competing Business “Competing Business” means any depository, wealth management or trust business company or holding company thereof (including without limitation, any start-up bank or bank in formation) operating anywhere within the Covered Area.

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Competitors The Owner shall possess, in accordance with the terms of this Agreement, the following restrictions: (check one)