Common use of Capture Clause in Contracts

Capture. In the event that the Applicable Shares of Shareholder are sold, transferred, exchanged, canceled or disposed of in connection with or as a result of any Company Transaction Proposal that is in existence on, or that has been otherwise made prior to the Termination Date (an "Alternative Disposition") then, within five business days after the closing of such Alternative Disposition, Shareholder shall tender and pay to, or shall cause to be tendered and paid to, Purchaser (or its designee), in immediately available funds, the Profit realized from such Alternative Disposition, less any withholdings.

Appears in 2 contracts

Samples: Shareholder Agreement (BMC Software Inc), Shareholder Agreement (BMC Software Inc)

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Capture. In the event that the Applicable Shares of Shareholder Group are sold, transferred, exchanged, canceled or disposed of in connection with or as a result of any Company Transaction Proposal that is in existence on, or that has been otherwise made prior to the Termination Date (an "Alternative Disposition") then, within five business days after the closing of such Alternative Disposition, Shareholder Group shall tender and pay to, or shall cause to be tendered and paid to, Purchaser (or its designee), in immediately available funds, the Profit realized from such Alternative Disposition, less any withholdings.

Appears in 2 contracts

Samples: Shareholder Agreement (BMC Software Inc), Shareholder Agreement (BMC Software Inc)

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