Common use of Notification of approaches Clause in Contracts

Notification of approaches. (a) During the Exclusivity Period, Bidder must promptly notify Target in writing if it becomes aware of any: (i) approach or attempt to initiate negotiations or discussions in relation to an actual, proposed or potential Bidder Competing Proposal; (ii) proposal made to Bidder, its Related Entities or any of their Representative in connection with, or in respect of any exploration or completion of, any actual, proposed or potential Bidder Competing Proposal; or (iii) provision by Bidder, its Related Entities or any of their Representative of any non-public information concerning Bidder to any person in relation to any actual, proposed or potential Bidder Competing Proposal, whether direct or indirect, solicited or unsolicited and in writing or otherwise. For the avoidance of doubt, any of the acts described in this clause 9.5 may only be taken by Bidder to the extent permitted or not proscribed under clauses 9.3 or 9.4. (b) A notice given under clause 9.5(a) must include the identity of the proponent of the Bidder Competing Proposal and a summary of all material terms and conditions of the actual, proposed or potential Bidder Competing Proposal.

Appears in 1 contract

Sources: Bid Implementation Agreement (Wize Pharma, Inc.)

Notification of approaches. (a) During the Exclusivity Period, Bidder must promptly notify Target in writing if it becomes aware of any: (i) approach or attempt to initiate negotiations or discussions in relation to an actual, proposed or potential Bidder Competing Proposal; (ii) proposal made to Bidder, its Related Entities or any of their Representative in connection with, or in respect of any exploration or completion of, any actual, proposed or potential Bidder Competing Proposal; or (iii) provision by Bidder, its Related Entities or any of their Representative of any non-public information concerning Bidder to any person in relation to any actual, proposed or potential Bidder Competing Proposal, whether direct or indirect, solicited or unsolicited and in writing or otherwise. For the avoidance of doubt, any of the acts described in this clause 9.5 ‎9.5 may only be taken by Bidder to the extent permitted or not proscribed under clauses 9.3 ‎9.3 or 9.4‎9.4. (b) A notice given under clause 9.5(a‎9.5(a) must include the identity of the proponent of the Bidder Competing Proposal and a summary of all material terms and conditions of the actual, proposed or potential Bidder Competing Proposal.

Appears in 1 contract

Sources: Deed of Amendment (Wize Pharma, Inc.)