Qualified Bidder

Qualified Bidder. Means a person (a) who has delivered to Seller a Competing Proposal that Seller, in good faith and upon the advice of its independent financial advisors, believes is reasonably likely to lead to a higher and better offer for the Acquired Assets, and (c) whom Seller in good faith determines is reasonably likely (based on the availability of financing and proof of financial wherewithal, experience and other relevant considerations) to be able to consummate a transaction based on the Competing... Proposal, if selected as the successful bidder for the subject assets. For avoidance of doubt, Buyer shall be deemed to be a Qualified Bidder. View More