Common use of CERTAIN CONDITIONS OF THE OFFER Clause in Contracts

CERTAIN CONDITIONS OF THE OFFER. Notwithstanding any other provision of the Offer or the Merger Agreement, and in addition to (and not in limitation of) the Purchaser's right to amend the Offer, the Purchaser shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including, without limitation, Rule 14e-1(c) under the Exchange Act (relating to the Purchaser's obligation to pay for or to return tendered Shares promptly after termination or withdrawal of the Offer), pay for any Shares tendered pursuant to the Offer, and may postpone the acceptance for payment or, subject to the restrictions referred to above, payment for, any Shares tendered pursuant to the Offer, and may terminate or amend the Offer and not accept for payment any Shares if:

CERTAIN CONDITIONS OF THE OFFER. Notwithstanding any other provision provisions of the Offer or the Merger AgreementOffer, and in addition to (and not in limitation of) the Purchaser's right ’s rights to extend and amend the OfferOffer at any time in its sole discretion (subject to the provisions of the Agreement), the Purchaser shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including, without limitation, including Rule 14e-1(c) under the Exchange Act (relating to the Purchaser's ’s obligation to pay for or to return tendered Shares promptly after termination or withdrawal of the Offer), pay for any Shares tendered pursuant to the Offerfor, and may postpone delay the acceptance for payment of or, subject to the restrictions restriction referred to above, the payment for, any Shares tendered pursuant to the OfferShares, and may terminate or amend the Offer and not accept for payment as to any Shares not then paid for, if:

CERTAIN CONDITIONS OF THE OFFER. Notwithstanding any other provision of the Offer or the Merger AgreementOffer, and in addition to (and not in limitation of) the Purchaser's right rights to amend the OfferOffer (subject to the terms of the Merger Agreement), the Purchaser shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including, without limitation, Rule 14e-1(c) under the Exchange Act (relating to the Purchaser's obligation to pay for or to return tendered Shares promptly after termination or withdrawal of the Offer), pay for any Shares tendered pursuant to the Offer, and may postpone the acceptance for payment or, subject to the restrictions referred to above, payment for, any Shares tendered pursuant to the Offer, and may terminate or amend the Offer and not accept for payment any Shares if: