Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, Shares pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Emulex Corp /De/), Noncompetition Agreement (Emulex Corp /De/), Agreement and Plan of Merger (Vixel Corp)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, all Shares properly tendered pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger even if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Openwave Systems Inc), Agreement and Plan of Merger (Signalsoft Corp), Agreement and Plan of Merger (Genzyme Corp)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, all Shares pursuant to validly tendered in the OfferOffer and not withdrawn; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.condition
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yahoo Inc), Document Agreement and Plan of Merger (Yahoo Inc)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, the Shares pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (North Face Inc), Agreement and Plan of Merger (Sequoia Acquisition Inc)
Purchase of Shares in Offer. The Purchaser shall have purchased, or caused to be purchased, the Shares pursuant to the Offer; provided, however, 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 validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sage Group PLC), Agreement and Plan of Merger (Best Software Inc)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, Shares pursuant to the Offer; providedPROVIDED, howeverHOWEVER, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.; and
Appears in 1 contract
