Solicitation of Proposals Sample Clauses

Solicitation of Proposals. (a) Buyer and the Sellers acknowledge that under the Bankruptcy Code the sale of assets including the assumption and assignment of executory contracts and unexpired leases are subject to Bankruptcy Court approval. Buyer and Sellers acknowledge that to obtain such approval the Debtor-Seller must demonstrate that it has taken reasonable steps to obtain the highest and best price possible for the Assets, including, but not limited to, giving notice of the transactions contemplated by this Agreement to creditors and other interested parties as ordered by the Bankruptcy Court, providing information about the Assets to responsible bidders, subject to appropriate confidentiality agreements, entertaining higher and better offers from responsible bidders and, if necessary, conducting an auction. (b) To facilitate the foregoing, the Debtor-Seller shall, promptly following the Petition Date, seek the entry of an order (the "Overbid Procedures Order") containing the overbid procedures and protections contained in the form of Overbid Procedures Order attached hereto as Exhibit 15.1 or as otherwise reasonably satisfactory to the Buyer. (c) Unless this Agreement has been terminated in accordance with its terms, or if the Board of Directors of any Seller determines in good faith that it is necessary to do so to comply with its fiduciary duties under applicable corporate law or the Bankruptcy Code, the Sellers will not, directly or indirectly through any officer, director, employee, representative, affiliate, adviser or agent, or otherwise, (i) solicit, initiate or encourage or take any other action to facilitate, any inquiry or the making of any proposal that constitutes, or could be expected to lead to, an Overbid; provided that (x) the Debtor-Seller shall give the notice of the transactions contemplated by this Agreement to such persons and in such manner as the Bankruptcy Court shall direct and (y) following the commencement of the Chapter 11 Case, such Seller may, in response to an unsolicited request from a BONA FIDE prospective purchaser (A) provide public and non-public information concerning the Assets, so long as such prospective purchaser shall have executed a confidentiality agreement no less favorable to Sellers than that executed by Buyer's affiliate, and (B) participate in negotiations or discussions concerning such prospective purchaser's Overbid.
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Solicitation of Proposals. The Mobile Airport Authority (the “Authority”) is soliciting proposals from qualified parties to provide and manage Aircraft Rescue and Firefighting (ARFF) services at the Mobile Regional Airport and Mobile Downtown Airport. The Authority’s staff will recommend to the Mobile Airport Authority President one operator based on an evaluation of the proposals received. The President may reject or approve the recommended operator and proposal. The President retains full and complete discretion to select any operator and/or proposal submitted, notwithstanding the recommendation of the Authority’s staff. The President further retains full and complete discretion to evaluate de novo the proposals submitted.
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Solicitation of Proposals. Contractor, its agents and employees shall use their best efforts to solicit proposals for DTN from customers and potential customers of the Services. All proposals obtained by Contractor for Services to be performed by DTN promptly shall be submitted by RCF\97964.3 Contractor to DTN in such format as DTN may reasonably specify and shall be subject to acceptance by DTN at its office in Omaha, Nebraska, by an authorized employee of DTN. The parties hereto contemplate that proposals will generally be submitted orally to DTN in a manner generally consistent with past practice. DTN will inform Contractor from time to time of those employees of DTN who are authorized to accept proposals for Services submitted by Contractor. Contractor shall have no authority to accept any proposal for Services on behalf of DTN, and DTN reserves the right to reject any proposal for Services in whole or in part for any reason. All correspondence, documents and other materials relating to a proposal for Services submitted by Contractor to DTN and accepted by DTN shall be the sole and exclusive property of DTN. From time to time DTN shall advise Contractor in writing of its then current sales policies; and promptly after any change in any of the sales policies, DTN shall notify Contractor in writing of such changes. Contractor shall have no authority to alter any of the policies relating to the terms and conditions of sales and shall not solicit proposals for Services on a basis which is inconsistent with the sales policies. DTN shall periodically consult with and seek the input of Contractor regarding the sales policies of DTN.
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Related to Solicitation of Proposals

  • SUBMISSION OF PROPOSALS Proposals will be submitted to the attention of ▇▇▇▇ ▇▇▇▇▇▇ at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ no later than 5:00 p.m. Eastern, April 8, 2025.

  • Evaluation of Proposals All proposals received shall be reviewed to determine whether they meet the format requirements and the standards specified in the request for sealed proposals. The district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the district.

  • Solicitation The Company will provide each holder of the Notes (irrespective of the amount of Notes then owned by it) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof or of the Notes. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this Section 17 to each holder of outstanding Notes promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes.

  • Solicitations From and after the Closing Date, the Master Servicer agrees that it will not take any action or permit or cause any action to be taken by any of its agents and Affiliates, or by any independent contractors or independent mortgage brokerage companies on the Master Servicer's behalf, to personally, by telephone, mail or electronic mail, solicit the Mortgagor under any Mortgage Loan for the purpose of refinancing such Mortgage Loan; PROVIDED, that the Master Servicer may solicit any Mortgagor for whom the Master Servicer has received a request for verification of mortgage, a request for demand for payoff, a mortgagor initiated written or verbal communication indicating a desire to prepay the related Mortgage Loan, another mortgage company has pulled a credit report on the mortgagor or the mortgagor initiates a title search; provided further, it is understood and agreed that promotions undertaken by the Master Servicer or any of its Affiliates which (i) concern optional insurance products or other additional products or (ii) are directed to the general public at large, including, without limitation, mass mailings based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section, nor is the Master Servicer prohibited from responding to unsolicited requests or inquiries made by a Mortgagor or an agent of a Mortgagor. Furthermore, the Master Servicer shall be permitted to include in its monthly statements to borrowers or otherwise, statements regarding the availability of the Master Servicer's counseling services with respect to refinancing mortgage loans.

  • Solicitation of Customers During the Restricted Period, the Executive shall not, directly or indirectly, initiate communications with, solicit, persuade, entice, induce, encourage (or assist in connection with any of the foregoing) any person who is then or has been within the preceding 12-month period a customer or account of the Company or its affiliates, or any actual customer leads whose identity the Executive learned during the course of his employment with the Company, to terminate or to adversely alter its contractual or other relationship with the Company or its affiliates.