Common use of Agreement to Tender Clause in Contracts

Agreement to Tender. (a) The Shareholder agrees that as promptly as practicable after the commencement of the Offer, and in any event no later than the 10th Business Day following the commencement of the Offer, the Shareholder shall irrevocably tender into the Offer all of the Owned Shares owned by the Shareholder on or prior to the 10th Business Day following the commencement of the Offer, free and clear of all Liens that would prevent Shareholder from tendering the Shareholder’s shares in accordance with this Agreement or otherwise complying with the Shareholder’s obligations under this Agreement. If the Shareholder acquires any Owned Shares after the 10th Business Day following the commencement of the Offer (including during any subsequent offering period, if any), the Shareholder shall irrevocably tender into the Offer such Owned Shares on the date that the Shareholder shall acquire such Owned Shares.

Appears in 8 contracts

Samples: Share Tender Agreement (Photoworks Inc /Wa), Share Tender Agreement (Photoworks Inc /Wa), Share Tender Agreement (Photoworks Inc /Wa)

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Agreement to Tender. (a) The Shareholder Stockholder agrees that as promptly as practicable after the commencement of the Offer, and in any event no later than the 10th Business Day following the commencement of the Offer, the Shareholder Stockholder shall irrevocably tender into the Offer all of the Owned Shares owned by the Shareholder Stockholder on or prior to the 10th Business Day following the commencement of the Offer, free and clear of all Liens that would prevent Shareholder Stockholder from tendering the Shareholder’s his shares in accordance with this Agreement or otherwise complying with the Shareholder’s his obligations under this Agreement. If the Shareholder Stockholder acquires any Owned Shares after the 10th Business Day following the commencement of the Offer (including during any subsequent offering period, if any), the Shareholder Stockholder shall irrevocably tender into the Offer such Owned Shares on the date that the Shareholder Stockholder shall acquire such Owned Shares.

Appears in 2 contracts

Samples: Share Tender Agreement (United Retail Group Inc/De), Share Tender Agreement (Benaroya Raphael)

Agreement to Tender. (a) The Shareholder agrees that as As promptly as practicable after the commencement of the Offer, and in any event no later than the 10th tenth Business Day following the commencement of the Offer, the Shareholder each Stockholder shall irrevocably and unconditionally tender into the Offer all of the Owned Shares owned by the Shareholder such Stockholder on or prior to the 10th such tenth Business Day following the commencement of the Offer, free and clear of all Liens that would prevent Shareholder such Stockholder from tendering the Shareholder’s such shares in accordance with this Agreement or otherwise complying with the Shareholdersuch Stockholder’s obligations under this Agreement. If the Shareholder such Stockholder acquires any Owned Shares after the 10th tenth Business Day following the commencement of the Offer (including during any a subsequent offering period, if any), the Shareholder such Stockholder shall irrevocably tender into the Offer such Owned Shares on or before the earlier of the Expiration Date of the Offer and the third Business Day after the date that the Shareholder shall acquire such Stockholder acquires such Owned Shares.

Appears in 2 contracts

Samples: Tender and Voting Agreement (Statoil Asa), Tender and Voting Agreement (Brigham Exploration Co)

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Agreement to Tender. (a) The Shareholder agrees that as As promptly as practicable after the commencement of the Offer, and in any event no later than the 10th Business Day business day following the commencement of the Offer, the Shareholder each Stockholder shall irrevocably and unconditionally tender into the Offer all of the Owned Shares owned by the Shareholder such Stockholder on or prior to the 10th Business Day business day following the commencement of the Offer, free and clear of all Liens that would prevent Shareholder such Stockholder from tendering the Shareholder’s his shares in accordance with this Agreement or otherwise complying with the Shareholder’s his obligations under this Agreement. If the Shareholder such Stockholder acquires any Owned Shares after the 10th Business Day business day following the commencement of the Offer (including during any a subsequent offering period, if any), the Shareholder such Stockholder shall irrevocably and unconditionally tender into the Offer such Owned Shares on the same date that the Shareholder shall acquire he acquires such Owned Shares.

Appears in 1 contract

Samples: Share and Voting Agreement (Volcom Inc)

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