HomeMy WebLinkAbout0774 8. Buy/Sell Agreements. ,
(a) If, at any time, either party of the Joint Venture
;
Ayreement shall receive a bona fide offer (herein called the "Offer")
Prom a third party (herein called the "Offeror") to purchase all of !
~
s~sch party's interest in the joint venture and shall desire to accept ~
said OFfer, the party receiving such OfEer (herein called the "Selling }
s
Party") shall give notice to th~ other party to this Joint Venture
~ Agreement (herean called the "Offeree") stating in such notic~ the
name and address oE the Offeror, any informatior. with~respect to ~
the financial capacity of the Offeror available to the Selling Party, ~
;
and that the Selling Party is willing to accept such Offer, and ~
enclosing with such notice a copy of the Offer signed by the
Offeror.
(b) The Offeree shall ha~:e 9Q days af ter the date of ~
. i
mailing of the notice~described in Sect~.on 8(a) above to give written ~
notice of its election to purchase the Se12ir.g Party's interest in
the joint ver.ture on the same terms and conditions as contained in
~ the Offer. If the Offerez shall fail to give written notice in
acco~dance Y:erewith to the Selling Party of the Offeree's election
~ to purchase the Selling Party's interest in the joint venture on
the same terms and conditions as contained in the Offer, the Selling
Party shaZl be free to~accept the Offer submitted by the tNird party,
provided that such Of~er is accepted exactly as submitted and requires
a closing of the transactions contemplated by such Offer in no event
later than 90 days subsequent to the expiration ot the 90 day period
during which ~he Offeree may give written not~~e to the Selling Party
of its electior. to purchase Selling Party's interest in the joint
venture.
s o~.
(c) Zn the event that the Gtferee elects to purchase the
joint venture interest of the Selling Party in accordance t~ith Sub-
section 8(b) hereof, the closing date ~f su^h purchase shall be 90
days subsequent to the expiration ~f the 90 day per~od during which
the Offeree may qive written notice to the SelZing Party of its ~
election to purchase the Selling Party's interest in the joint ~
j
venture. 4
f
E'~ s 25~ PAC~E ~
..q_ .