Next Highest Bidder definition

Next Highest Bidder has the meaning set forth in the Bidding Procedures.

Next Highest Bidder means the bidder whose Bid is confirmed as the H2 Bid in the e-Auction, for the sale of Assets (i.e., Plant & Machinery along with power plant buildings).

Next Highest Bidder shall have the meaning set forth in Section 8.2(c). (94) “Objection Notice” shall have the meaning set forth in Section 11.2. (95) “Open Source License” means any license meeting the open source definition (as currently promulgated by the Open Source Initiative) or the free software definition (as currently promulgated by the Free Software Foundation), or any substantially similar license. (96) “Open Source Software” means any Software subject to an Open Source License. (97) “Order” means any award, writ, injunction, judgment, order, ruling, decision, subpoena, mandate, precept, command, directive, consent, approval, award, decree or similar determination or finding entered, issued, made or rendered by any Governmental Body. (98) “Ordinary Course of Business” means the ordinary and usual course of normal day to day operations of the Business consistent with past practice. (99) “Organizational Documents” means, with respect to a particular entity, (a) if a corporation, the articles or certificate of incorporation and bylaws, (b) if a general partnership, the partnership agreement and any statement of partnership, (c) if a limited partnership, the limited partnership agreement and certificate of limited partnership, (d) if a limited liability company, the articles or certificate of organization or formation and any limited liability company or operating agreement, (e) if another type of Person, all other organizational, charter and similar documents adopted or filed in connection with the creation, formation or organization of the Person, and (f) all amendments or supplements to any of the foregoing. (100) “Outside Date” shall have the meaning set forth in Section 4.4(b). (101) “Party” shall have the meaning set forth in the preamble. (102) “Permits” means to the fullest extent permitted under applicable law, all notifications, licenses, permits (including environmental, construction and operation permits), franchises, certificates, approvals, consents, waivers, clearances, exemptions, classifications,

Next Highest Bidder has the meaning set forth in the Bid Procedures. “Non-Recourse Parties” has the meaning set forth in Section 9.11.

Next Highest Bidder has the meaning set forth in the Sale Procedures.

Next Highest Bidder is defined in the Bidding Procedures. “Order” means any order, injunction, judgment, decree, ruling, writ, assessment or award of a Governmental Entity. “Ordinary Course of Business” means the ordinary and usual course of normal day-to-day operations of Seller’s Business, as conducted by Seller consistent with past practice and except for the consequences relating to the filing of the Chapter 11 Case; provided, that in no event shall “Ordinary Course of Business” include any breach of Law or Contract, or violation of any Permit. “Other Product” means any active ingredient, component or product that is not itself a Product but is a regulated component required to effect treatment of an applicable Indication. “Outside Date” is defined in Section 8.1. “party” and “parties” are defined in the Preamble. “Paying Party” is defined in Section 9.1(c). “Permits” means all material consents, approvals, authorizations, clearances, certificates, notices, permits, registrations, or licenses issued by any Governmental Entity. “Permitted Seller Person” is defined in Section 9.17(a). “Person” means a natural person, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, Governmental Entity or other entity or organization. “Petition Date” is defined in the Recitals. “Preservation Period” is defined in Section 5.2(b).