Common use of Minimum Condition Clause in Contracts

Minimum Condition. The number of Shares validly tendered (and not properly withdrawn) prior to the expiration of the Offer (but excluding shares tendered pursuant to guaranteed delivery procedures that have not yet been received), together with the Shares then owned by Merger Sub, does not represent at least one share more than 50% of the then outstanding Shares (the “Minimum Condition”).

Minimum Condition. The number of Shares shares of Common Stock validly tendered (and not properly withdrawn) prior to the expiration of the Offer (but excluding shares tendered pursuant to guaranteed delivery procedures that have not yet been “received”, as defined by Section 251(h)(6) of the DGCL), together with the Shares shares of Common Stock then owned by Merger Sub, does do not represent at least one share more than 50% of the then outstanding Shares shares of Common Stock (the “Minimum Condition”).