Non-Tender of Shares Clause Samples

Non-Tender of Shares. (a) Each Stockholder hereby agrees not to tender for acceptance by Acquiror in the Offer any Shares owned by such Stockholder as of the date hereof and any Shares hereafter acquired (all such Shares owned as of the date hereof or hereinafter acquired, the "Securities"). (b) Each Stockholder hereby agrees to permit Parent and Acquiror to publish and disclose in the Offer Documents and, if approval of the stockholders of the Company is required under applicable law, the Proxy Statement (including all documents and schedules filed with the SEC) its identity and intent with respect to the Securities and the nature of its commitments under this Agreement.

Non-Tender of Shares. Each Stockholder hereby agrees not to tender for acceptance by the Company any shares of Convertible Preferred Stock owned by such Stockholder if the Company initiates a tender offer for the outstanding shares of Convertible Preferred Stock. Each Stockholder agrees to permit the Company to publish and disclose in the tender offer documents, in any other filings with the Securities and Exchange Commission and in any other public statements required by applicable Law its identity and intent with respect to the shares of Convertible Preferred Stock and the nature of its commitments under this Agreement.