Common use of Acquisition Matters Clause in Contracts

Acquisition Matters. (i) Each of the Offer to Purchase, the Merger Agreement shall have remained in full force and effect and shall not have been amended, supplemented, waived or otherwise modified in any material respect (other than to the extent the Offer to Purchase is supplemented to extend the final date for the Tender Offer Purchase to a date not later than November 30, 1997), and the conditions to the Tender Offer Purchase set forth in the Offer to Purchase shall not have been waived, in each case without the prior written consent of the Syndication Agent; (ii) the Tender Offer shall have been made in accordance with applicable law and the Offer to Purchase and shall not have been terminated or expired without extension in accordance therewith; (iii) the Specified Number of Shares shall have been tendered and not withdrawn pursuant to the Tender Offer; and (iv) the capital structure, corporate structure, ownership and management of each Loan Party as contemplated after giving effect to the Tender Offer and as contemplated by the Merger Agreement shall be substantially as described to the Syndication Agent in writing prior to the Commitment Letter Date, and the sources and uses of funds for the Tender Offer and the Merger shall be as set forth on Schedule 4.1(b).