Minimum Tender. There shall have been validly tendered and not properly withdrawn prior to the Expiration Date, a number of Shares which, together with any Shares Parent or Merger Sub beneficially owns, will constitute at least a majority of the total number of outstanding Shares on a fully diluted basis (as though all options or other securities convertible into or exercisable or exchangeable for Shares had been so converted, exercised or exchanged) as of the date that Merger Sub accepts Shares for purchase or exchange (the “Minimum Condition”).
Minimum Tender. There shall have been validly tendered and not properly withdrawn prior to the Outside Date, a number of Company Shares which, together with any shares of Company Common Stock Parent or Merger Sub beneficially owns, will constitute at least a majority of the total number of outstanding Company Shares as of the date that Merger Sub accepts the Company Shares for purchase, assuming all options and other rights to purchase shares of Company Common Stock for the Per Share Amount or less have been exercised (the “Minimum Condition”).
Minimum Tender. The Administrative Agent shall have received evidence in form and substance reasonably satisfactory to the Administrative Agent that (x) the Tender Offer and the Senior Notes Amendment were approved and consented to by holders of at least a majority of the principal amount of the outstanding Senior Notes as of the Closing Date and (y) the Borrower has deposited with the trustee under the Senior Notes Indenture, an amount sufficient to pay in full all of the principal, interest and other amounts due and outstanding with respect to all of the Senior Notes that are tendered pursuant to the Tender Offer in compliance with all Applicable Laws.
Minimum Tender. There shall have been validly tendered and not properly withdrawn prior to the Expiration Date, a number of Company Shares which, together with any Company Shares Parent, Merger Sub or any other wholly owned subsidiary of Parent beneficially owns, will constitute at least a majority of the total number of outstanding Company Shares on a fully diluted basis (as though all options or other securities convertible into or exercisable or exchangeable for Company Shares as of the close of business on that date had been so converted, exercised or exchanged) as of the date that Merger Sub accepts Company Shares for purchase or exchange (the “Minimum Condition”).
Minimum Tender. As of the Tender Offer Expiration Date, at least a number of LATAM Shares equal to fifteen percent (15%) of the LATAM Shares issued and outstanding on the Tender Offer Expiration Date (the “15% Threshold”) shall have been tendered in the Tender Offer.
Minimum Tender. There is no Minimum volume of freight contemplated by this Agreement. ASP is not restricted against tendering its freight to other carriers; CARRIER is not restricted against performing transportation for other shippers.
Minimum Tender. Immediately prior to the Effective Time and the consummation of the Offer, assuming consummation of the Merger and the purchase of all shares of SRH Common Stock then validly tendered and not withdrawn pursuant to the Offer, Parent would own, directly or indirectly, at least 662/3% of the outstanding SRH Common Stock.
Minimum Tender. To tender to Carrier for transportation hereunder, the types of freight described in Appendix A and on such other consecutively numbered Appendix A's that may in the future be executed by the parties hereto, and which by this reference are made a part hereof, for a minimum of two {.21shipments per year.
Minimum Tender. At least $225 million aggregate principal amount of the Company’s Tender Notes shall have been validly tendered (and not validly withdrawn) to the Company in connection with the Consent Solicitations (excluding Tender Notes owned by Mercury or any of its affiliates); provided, however, that prior to asserting this condition, each of Parent and Acquisition Sub shall have complied in all material respects with its obligations under Section 6.11.
Minimum Tender. Products of the required specifications shall be Tendered for transportation in quantities of not less than 2,500 Barrels of the same specification, except that Carrier may, in its sole discretion, accept any quantity of Product if such quantity can be consolidated with other Product such that Carrier can make a single delivery of not less than 2,500 Barrels. The term “single delivery” as used herein means a delivery of Product in one continuous operation to one or more Consignees into a single facility, furnished by such Consignee or Consignees, to which Carrier is connected.
