Purchase of Shares in Offer. The Purchaser shall have made, or caused to be made, the Offer and shall have purchased, or caused to be purchased, 9,158,155 Shares pursuant to the Offer; provided, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and the Purchaser to effect the Merger if the Purchaser fails to accept for payment or pay for Shares pursuant to the Offer in violation of the terms of the Offer or of this Agreement;
Appears in 2 contracts
Samples: Acquisition Agreement and Plan of Merger (Intervoice Inc), Acquisition Agreement and Plan of Merger (Brite Voice Systems Inc)
Purchase of Shares in Offer. The Purchaser shall have made, or caused to be made, the Offer and shall have purchased, or caused to be purchased, 9,158,155 the Shares pursuant to the Offer; provided, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and the Purchaser to effect the Merger if the Purchaser fails to accept for payment or pay for Shares pursuant to the Offer in violation of the terms of the Offer or of this Agreement;; and (d)
Appears in 1 contract
Samples: Exhibit 1 Agreement and Plan of Merger (Bucyrus International Inc)
Purchase of Shares in Offer. The Purchaser shall have made, or --------------------------- caused to be made, the Offer and shall have purchased, or caused to be purchased, 9,158,155 the Shares pursuant to the Offer; provided, that this condition -------- shall be deemed to have been satisfied with respect to the obligation of Parent and the Purchaser to effect the Merger if the Purchaser fails to accept for payment or pay for Shares pursuant to the Offer in violation of the terms of the Offer or of this Agreement;; and
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bucyrus Acquisition Corp)
