No Purchase. Buyer may allow the Offer to expire without accepting for payment or paying for any Shares, as set forth in the Merger Agreement, and Buyer may allow the Option to terminate without purchasing all or any Shares pursuant to the exercise thereof. If any Shares are not accepted for payment in accordance with the terms of the Offer or purchased pursuant to the Option, they shall be returned to the Shareholder, whereupon they shall continue to be held by Shareholder subject to the terms and conditions of this Agreement.
Appears in 5 contracts
Samples: Tender and Option Agreement (Maddrey E Erwin Ii), Tender and Option Agreement (Roberti William V), Tender and Option Agreement (Duck Head Apparel Co Inc)
No Purchase. Buyer Purchaser and Parent may allow the Offer to expire without accepting for payment or paying for any Shares, as on the terms and conditions set forth in the Merger Agreement, and Buyer may allow the Option Offer to terminate without purchasing all or any Shares pursuant to the exercise thereofPurchase. If any all Shares validly tendered and not withdrawn are not accepted for payment and paid for in accordance with the terms of the Offer or purchased pursuant to the OptionPurchase, they shall be returned to the ShareholderStockholder, whereupon they shall continue to be held by Shareholder the Stockholder subject to the terms and conditions of this Agreement.
Appears in 4 contracts
Samples: Shareholder Agreement (Telesciences Inc /De/), Shareholder Agreement (Edb 4tel Acquisition Corp), Shareholder Agreement (Telesciences Inc /De/)
No Purchase. Buyer Purchaser may allow the Offer to expire without accepting for payment or paying for any Shares, as on the terms and conditions set forth in the Merger AgreementOffer to Purchase, and Buyer may allow the Option to terminate expire without exercising the Option and purchasing all or any Shares pursuant to the exercise thereofsuch exercise. If any all Shares validly tendered and not withdrawn are not accepted for payment and paid for in accordance with the terms of the Offer to Purchase or purchased pursuant to the exercise of the Option, they shall be returned to the ShareholderStockholder, whereupon they shall continue to be held by Shareholder the Stockholder subject to the terms and conditions of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Foodbrands America Inc), Tender Agreement (Ibp Inc), Tender Agreement (Airlie Group Lp Et Al)
No Purchase. Buyer Purchaser may allow the Offer to expire without accepting for payment or paying for any Shares, as set forth in the Merger AgreementOffer to purchase, and Buyer Parent and Purchaser may allow the Option to terminate without purchasing all or any Shares pursuant to the exercise thereof. If any Shares are not accepted for payment in accordance with the terms of the Offer or purchased pursuant to the Option, they shall be returned to the respective Shareholder, whereupon they shall continue to be held by such Shareholder subject to the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Tender and Option Agreement (Psicor Inc), Tender and Option Agreement (Baxter International Inc)
No Purchase. Buyer Purchaser may allow the Offer to expire without ----------- accepting for payment or paying for any Shares, as set forth in the Merger AgreementOffer to purchase, and Buyer Purchaser may allow the Option to terminate without purchasing all or any Shares pursuant to the exercise thereof. If any Shares are not accepted for payment in accordance with the terms of the Offer or purchased pursuant to the Option, they shall be returned to the Shareholderrespective Stockholder, whereupon they shall continue to be held by Shareholder such Stockholder subject to the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Tender and Option Agreement (Kaplan Inc), Tender and Option Agreement (Kaplan Inc)
No Purchase. Buyer Purchaser may allow the Offer to expire without ----------- accepting for payment or paying for any Shares, as set forth in the Merger Agreement, and Buyer may allow the Option Offer to terminate without purchasing all or any Shares pursuant to the exercise thereofpurchase. If any Shares are not accepted for payment in accordance with the terms of the Offer or purchased pursuant to the OptionOffer, they shall be returned to the Shareholderrespective Stockholder, whereupon they the Agreement shall continue to terminate and be held by Shareholder subject to the terms of no further force and conditions of this Agreementeffect.
Appears in 2 contracts
Samples: Tender and Voting Agreement (Kaplan Inc), Tender and Voting Agreement (Kaplan Inc)
No Purchase. Buyer Purchaser may allow the Offer to expire without accepting for payment or paying for any Shares, as set forth in the Merger Agreement, and Buyer may allow the Option Offer to terminate without purchasing all or any Shares pursuant to the exercise thereofPurchase. If any Shares are not accepted for payment in accordance with the terms of the Offer or purchased pursuant to the OptionOffer, they shall be returned to the Shareholder, whereupon they shall continue to be held by Shareholder subject to the terms and conditions of this Agreement.
Appears in 1 contract
