Other Bids. If in the reasonable judgment of the ​ and the Construction Consultant all Trade Contracts, Major Trade Contracts, and the General Contractor’s Agreement do not cover all of the work necessary for Completion of the Improvements, ​ shall cause to be furnished firm bids from responsible parties, or estimates and other information reasonably satisfactory to ​, for the work not so covered, to enable ​ to ascertain the total estimated cost of all work done and to be done.

Other Bids. Pursuant to the terms of the Bidding Procedures Order, HoldCo will solicit bids from other prospective purchasers for the sale of all or substantially all of the Acquired Assets in accordance with the procedures set forth in the Bidding Procedures Order.

Neither the Company nor Equity Sponsor shall, and shall not authorize or permit any of their respective Affiliates or any of their respective representatives to, directly or indirectly, # encourage, solicit, initiate, facilitate or continue inquiries regarding an Acquisition Proposal, # enter into discussions or negotiations with, or provide any information to, any Person concerning a possible Acquisition Proposal, or # enter into any agreements or other instruments (whether or not binding) regarding an Acquisition Proposal. The Company shall immediately cease and cause to be terminated, and shall cause its Affiliates and all of their respective representatives to immediately cease and cause to be terminated, all existing discussions or negotiations, if any, with any Persons conducted heretofore with respect to, or that could reasonably be expected to lead to, an Acquisition Proposal. For purposes hereof, “Acquisition Proposal” shall mean any inquiry, proposal or offer from any Person (other than Purchaser or any of its Affiliates) concerning # a merger, consolidation, liquidation, recapitalization, share exchange or other business combination transaction involving the Company or any of its Subsidiaries, # the issuance or acquisition of shares of capital stock or other equity securities of the Company or any of its Subsidiaries to a Person other than an existing Stockholder or any of its Affiliates, or # the sale, exchange or other disposition of any significant portion of the properties or assets of the Company and its Subsidiaries.

Section # No Solicitation of Other Bids.

deposits to secure the performance of bids, trade contracts (other than for Indebtedness), leases (other than Capital Lease Obligations), statutory obligations, surety and appeal bonds, performance and return of money bonds, warranty bonds, bids, government contracts, completion or performance guarantees and other obligations of a like nature incurred in the ordinary course of business, including those incurred to secure health, safety and environmental obligations in the ordinary course of business;

Any bids shall be commercially reasonable and for customary quantity.

pledges of cash and deposits to secure the performance of bids, trade and commercial contracts (including ordinary course accounts payable), leases, statutory obligations, appeal bonds and other obligations of a like nature, in each case in the ordinary course of business,

Any and all information and records relating to Employer’s contracts, transactions, charges, prices, or sales to its Customers, including invoices, proposals, confirmations, statements, accounting records, bids, payment records or any other information regarding transactions between Employer and any of its Customers;

Other. (A) to the extent previously paid, the Executive’s obligation to pay back the Sign-On Bonus, pursuant to ​ shall be waived, # the Sign-On RSUs shall become fully vested as of the Executive’s date of termination and # the Sign-On Options shall become fully vested as of the Executive’s date of termination.

Other. All corporate and other proceedings, and all documents, instruments and other legal matters in connection with the Transactions shall be satisfactory in form and substance to Agent and its counsel.