Common use of The Offer Clause in Contracts

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to Article IX, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cole Credit Property Trust Inc), Agreement and Plan of Merger (American Realty Capital Properties, Inc.)

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The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, as promptly as reasonably practicable after the date of this Agreement but in no event later than ten business days after the date of this Agreement, Merger Sub shall (shall, and Parent shall cause Merger Sub to (and the Company shall cooperate with Parent and Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange ActAct of 1934, as amended, and the rules and regulations promulgated thereunder (the “ Exchange Act ”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant in accordance with Section 8.01, and subject to Article IXthe Company having complied with its obligations set forth in Section 1.02(b), Merger Sub shall (shall, and Parent Acquiror shall cause Merger Sub to, on or before the date that is ten (10) Business Days after the date of the execution of this Agreement, commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (News Corp), Agreement and Plan of Merger (Move Inc)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, as promptly as reasonably practicable after the date of this Agreement but in no event later than ten business days after the date of this Agreement, Merger Sub shall (shall, and Parent shall cause Merger Sub to (and the Company shall cooperate with Parent and Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “ Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVII, by the later of (i) ten business days after the date of this Agreement and (ii) the date on which the Company files its Annual Report on Form 10-K for the 2015 fiscal year with the SEC (as defined below), Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Fresh Market, Inc.), Agreement and Plan of Merger (Fresh Market, Inc.)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, below, as promptly as practicable after the date of this Agreement, and in any event, within fifteen (15) Business Days, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the "Exchange Act")) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Nanosphere Inc), Agreement and Plan of Merger (Nanosphere Inc)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVI, Merger Sub shall (shall, and Parent shall cause Merger Sub to, as promptly as reasonably practicable but in no event later than the date that is ten (10) days after the date of the initial public announcement of this Agreement, commence (within the meaning of Rule 14d-2 under the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Con-Way Inc.), Agreement and Plan of Merger (XPO Logistics, Inc.)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, as promptly as reasonably practicable after the date of this Agreement but in no event later than ten business days after the date of this Agreement, Merger Sub shall (shall, and Parent shall cause Merger Sub to (and the Company shall cooperate with Parent and Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Dollar Thrifty Automotive Group Inc), Agreement and Plan of Merger (Hertz Global Holdings Inc)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, below, as promptly as practicable after the date of this Agreement, and in any event, within fifteen (15) Business Days, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Luminex Corp)

The Offer. (a) Provided that this Agreement shall has not have been terminated pursuant to Article IXin accordance with Section 10.01, as promptly as practicable but in no event later than five (5) Business Days after the date of this Agreement, Merger Sub shall (shall, and Parent shall cause Merger Sub to) , commence the Offer in accordance with the Securities Exchange Act of 1934, as amended (within the meaning of Rule 14d-2 under the Exchange Act) ”), and the Offer within a reasonable period of time following the date terms and conditions of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Javelin Pharmaceuticals, Inc)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVII, within ten Business Days after the date of this Agreement, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 14d‑2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PhenomeX Inc.)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII hereof, as promptly as practicable (and, in any event, not later than the 20th calendar day) after the date of this Agreement, Merger Sub shall (commence, and Parent shall cause Merger Sub to) to commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act) ”)), the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tradestation Group Inc)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVII, as promptly as practicable after the date of this Agreement but in no event more than ten (10) Business Days after the date of this Agreement, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MyoKardia, Inc.)

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The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to in accordance with Article IXVII, as promptly as practicable after the date of this Agreement but in no event more than fifteen (15) Business Days after the date of this Agreement, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sagent Pharmaceuticals, Inc.)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant in accordance with Article VIII, upon the terms and subject to Article IXthe conditions of this Agreement, as soon as reasonably practicable (but in no event later than ten business days after the initial public announcement of the execution and delivery of this Agreement), Merger Sub shall (shall, and Parent shall cause Merger Sub to) , commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Tender and Support Agreement (VirtualScopics, Inc.)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant in accordance with Article 9, as promptly as practicable after the date hereof (but in no event later than October 4, 2013 or such other date as may be agreed to Article IXby Parent and the Company (the "Commencement Date")), Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Official Payments Holdings, Inc.)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to Article IXin accordance with Section 8.1, Merger Sub shall (shall, and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time , as promptly as practicable following the date execution of this Agreement, and in any event within ten (10) Business Days following the execution date of this Agreement by the parties (or such other later date as the parties may mutually agree in writing), commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Titanium Asset Management Corp)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant in accordance with Article 9, as promptly as practicable after the date hereof (but in no event later than October 4, 2013 or such other date as may be agreed to Article IXby Parent and the Company (the “Commencement Date”)), Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Aci Worldwide, Inc.)

The Offer. (a) Provided Provided, that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, as promptly as reasonably practicable after the date of this Agreement but in no event later than the tenth (10th) Business Day after the date hereof (or such later date as the parties may agree in writing), Merger Sub shall (shall, and Parent shall cause Merger Sub to (and the Company shall cooperate with Parent and Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the "Exchange Act")) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cascade Corp)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to Article IXVIII, and subject to the terms and conditions of this Agreement, Merger Sub shall (and Parent shall cause Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended (together with the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer within a reasonable period of time following no later than ten (10) Business Days) from the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing).

Appears in 1 contract

Samples: Deposit Escrow Agreement (New Frontier Media Inc)

The Offer. (a) Provided Provided, that this Agreement shall not have been terminated pursuant to in accordance with Article IXVIII, as promptly as reasonably practicable after the date of this Agreement but in no event later than the tenth (10th) Business Day after the date hereof (or such later date as the parties may agree in writing), Merger Sub shall (shall, and Parent shall cause Merger Sub to (and the Company shall cooperate with Parent and Merger Sub to) commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer within a reasonable period of time following the date of this Agreement, and in any event within ten (10) Business Days following the execution of this Agreement by the parties (or such other date as the parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cascade Corp)

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