Common use of Commencement of the Offer Clause in Contracts

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9, as promptly as practicable after the Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Flexion Therapeutics Inc), Agreement and Plan of Merger (Supernus Pharmaceuticals, Inc.), Agreement and Plan of Merger (Adamas Pharmaceuticals Inc)

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Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8.1, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after business days following the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Antares Pharma, Inc.), Agreement and Plan of Merger (Antares Pharma, Inc.), Agreement and Plan of Merger (Halozyme Therapeutics, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Sequenom Inc), Agreement and Plan of Merger (Ambit Biosciences Corp), Agreement and Plan of Merger (Trius Therapeutics Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act00x -0 xxxxx xxx Xxxxxxxx Xxx) the Offer.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Miramar Labs, Inc.), Agreement and Plan of Merger (Sientra, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Merck & Co., Inc.), Agreement and Plan of Merger (Immune Design Corp.), Agreement and Plan of Merger (ConvergeOne Holdings, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten seven (107) Business Days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (J2 Global, Inc.), Agreement and Plan of Merger (Everyday Health, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days fifteen business days after the date of this Agreement Date(subject to the Company having timely provided any information required to be provided by it pursuant to Sections 1.1(e) and 1.2(b)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mallinckrodt PLC), Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the Agreement Date (date of this Agreement, but in no event more than ten (10) Business Days 12 business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Enel Green Power North America, Inc.), Agreement and Plan of Merger (Enernoc Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article ARTICLE 9, as promptly as practicable after the Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date, subject to the Company having complied with its obligations under Section 2.1(e)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Biodelivery Sciences International Inc), Agreement and Plan of Merger (Collegium Pharmaceutical, Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the Agreement Date (Date, but in no event more than ten (10) 10 Business Days after the Agreement Date), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer; provided, however, that Purchaser shall not be required to commence the Offer if the Company is not prepared to file the Schedule 14D-9 with the SEC substantially contemporaneously with Purchaser’s filing of the Offering Documents with the SEC.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Primo Water Corp), Agreement and Plan of Merger (Cott Corp /Cn/)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after the Agreement Date)December 30, 2014, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Volcano Corp)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article ARTICLE 9, as promptly as practicable after the Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date, subject to the Company having complied with its obligations under Section 2.1(e)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.. (b)

Appears in 1 contract

Samples: Tender and Support Agreement (Biodelivery Sciences International Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten seven (107) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Auspex Pharmaceuticals, Inc.)

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Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after business days following the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Principia Biopharma Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) fifteen Business Days after the date of this Agreement Date(subject to the Company having timely provided any information required to be provided by it pursuant to Sections 1.1(e) and 1.2(b)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Senomyx Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9, as promptly as practicable after and subject to the Agreement Date (but Company having complied with its obligations under Section 2.1(e) in no event more than ten (10) Business Days after the Agreement Date)all material respects, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the OfferOffer within fifteen (15) Business Days after the Agreement Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Oyster Point Pharma, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten seven (107) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the OfferOffer to purchase all of the outstanding Shares at a price per Share equal to the Offer Price, net to the seller in cash, without interest.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pfizer Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article Section 9, as promptly as practicable after the Agreement Date (but and in no event more than ten (10) Business Days after the Agreement Date, but subject to the Company having complied with its obligations in Sections 2.1(e) in all material respects), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dova Pharmaceuticals Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8.1, as promptly as practicable after no later than the Agreement Date twentieth (but in no event more than ten (1020th) Business Days after Day following the Agreement Date)date of this Agreement, the Purchaser shall (shall, and the Parent shall cause the Purchaser to) , commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer, subject to the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (HeartWare International, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days business days after the date of this Agreement Date(subject to the Company then being prepared to file the Schedule 14D-9 on the same day as the commencement of the Offer, and having complied in all material respects with its obligations to provide information pursuant to Section 1.1(e) and Section 1.2(b)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (F-Star Therapeutics, Inc.)

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