Acceptance of the Offer. Merger Sub (or Parent or Holdings on Merger Sub’s behalf) shall have accepted for payment and paid for all of the Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.1(c) shall not be a condition to Parent and Merger Sub’s obligations if Merger Sub shall have failed to purchase such Shares pursuant to the Offer in violation of this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Osi Pharmaceuticals Inc), Agreement and Plan of Merger (Astellas Pharma Inc.)
Acceptance of the Offer. Merger Sub (or Parent or Holdings on Merger Sub’s behalf) shall have accepted for payment and paid for all of the Shares shares of Company Common Stock validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.1(c7.01(c) shall not be a condition to Parent and Merger Sub’s obligations if Merger Sub shall have failed to purchase such Shares shares of Company Common Stock pursuant to the Offer in violation of this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (King Pharmaceuticals Inc), Agreement and Plan of Merger (Alpharma Inc)
Acceptance of the Offer. Merger Sub (or Parent or Holdings on Merger Sub’s behalf) shall have accepted for payment and paid for all of the Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.1(c7.01(c) shall not be a condition to Parent Parent’s and Merger Sub’s obligations if Merger Sub shall have failed to purchase such Shares pursuant to the Offer in violation of this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cti Group Holdings Inc)
Acceptance of the Offer. Merger Sub (or Parent or Holdings on Merger Sub’s 's behalf) shall have accepted for payment and paid for all of the Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.1(c7.01(c) shall not be a condition to Parent and Merger Sub’s 's obligations if Merger Sub shall have failed to purchase such Shares pursuant to the Offer in violation of this Agreement).
Appears in 1 contract
