Acceptance of Shares. Sub shall have accepted Shares for payment pursuant to the Offer, provided, however, that this condition shall not be applicable to the obligations of Parent or Sub if, in breach of this Agreement or the terms of the Offer, Sub fails to purchase any Shares validly tendered and not withdrawn pursuant to the Offer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Click Commerce Inc), Agreement and Plan of Merger (Illinois Tool Works Inc)
Acceptance of Shares. Sub shall have accepted Shares shares of Company Common Stock for payment pursuant to the Offer, ; provided, however, that this condition shall not be applicable to the obligations of Parent or Sub if, in breach of this Agreement or the terms of the Offer, Sub fails to purchase any Shares validly tendered and not withdrawn pursuant to the Offer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Foilmark Inc), Agreement and Plan of Merger (Illinois Tool Works Inc)
Acceptance of Shares. Sub shall have accepted Shares shares of Company Common Stock for payment pursuant to the Offer; PROVIDED, provided, howeverHOWEVER, that this condition shall not be applicable to the obligations of deemed satisfied if Parent or Sub if, fails to accept for payment and pay for shares of Company Common Stock pursuant to the Offer in breach violation of the terms of this Agreement or the terms of and/or the Offer, Sub fails to purchase any Shares validly tendered and not withdrawn pursuant to the Offer.. 44
Appears in 1 contract
Acceptance of Shares. Sub shall have accepted Shares shares of Company Common Stock for payment pursuant to the Offer; PROVIDED, provided, howeverHOWEVER, that this condition shall not be applicable to the obligations of Parent or Sub if, in breach of this Agreement or the terms of the Offer, Sub fails to purchase any Shares validly tendered and not withdrawn pursuant to the Offer.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Illinois Tool Works Inc)
