No matching. If Apax fails to provide a Counter Proposal within the Matching Period or the Board otherwise determines that the terms and conditions of the Counter Proposal taken as a whole are less favourable to Shareholders than those in the relevant Competing Proposal, then the Company may enter into a binding implementation agreement or similar binding arrangement in respect of a Competing Proposal, in which case the matching right under this agreement will end in respect of that Competing Proposal (with such Competing Proposal being a Superior Proposal for the purposes of this agreement).
Appears in 2 contracts
Sources: Scheme Implementation Agreement, Scheme Implementation Agreement