Qualified Tender Offer

Qualified Tender Offer. Shall mean a public tender offer or other public offer to acquire all or substantially all of the Company (any such offer, an "Initial Offer") where such public tender offer or other public offer is made by a person and either of the following occur: (i) the Company does not recommend against such offer within the time frame contained in Rule 14d-9 or (ii) the Company does recommend against such offer within the time frame contained in Rule 14d-9 and subsequently such person publicly announces... a bona fide offer higher by more than an immaterial amount or any other person announces its intention to commence a public tender offer or otherwise makes a public offer, to acquire all or substantially all of the Company within six (6) months of the original public offer; provided, however, if the TAFE Parties become aware of any facts that confirm that an Initial Offer is not bona fide, then such Initial Offer shall not qualify as a Qualified Tender Offer; View More