Purchase of Shares in Offer. The Purchaser shall have --------------------------- purchased, or caused to be purchased, the Shares pursuant to the Offer; provided, however, that neither Parent nor the Purchaser may invoke this -------- ------- condition if the Purchaser (or its assignee) shall have failed in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawn.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lee Sara Corp), Agreement and Plan of Merger (Lee Sara Corp)
Purchase of Shares in Offer. The Purchaser shall have --------------------------- purchased, --------------------------- or caused to be purchased, the Shares pursuant to the Offer; provided, however, that neither -------- ------- this condition shall be deemed to have been satisfied with respect to the obligation of Parent nor and the Purchaser may invoke this -------- ------- condition to effect the Merger if the Purchaser (fails to accept for payment or its assignee) shall have failed pay for Shares validly tendered pursuant to the Offer in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawn.or of this Agreement; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cheap Tickets Inc), Agreement and Plan of Merger (Cendant Corp)
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, the Shares pursuant to the Offer; provided, however, that neither this condition shall -------- be deemed to have been satisfied with respect to the obligation of Parent nor and the Purchaser may invoke this -------- ------- condition to effect the Merger if the Purchaser (fails to accept for payment or its assignee) shall have failed pay for Shares pursuant to the Offer in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawn.or of this Agreement; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sun Coast Industries Inc /De/), Agreement and Plan of Merger (Saffron Acquisition Corp)
Purchase of Shares in Offer. The Purchaser shall have --------------------------- purchased, --------------------------- or caused to be purchased, the Shares pursuant to the Offer; provided, however, that neither -------- this condition shall be deemed to have been satisfied with respect to the obligation of Parent nor and the Purchaser may invoke this -------- ------- condition to effect the Merger if the Purchaser (fails to accept for payment or its assignee) shall have failed pay for Shares pursuant to the Offer in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawn.or of this Agreement; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (State of the Art Inc /Ca), Agreement and Plan of Merger (Rose Acquisition Corp)
Purchase of Shares in Offer. The Purchaser Buyer shall have purchased all Shares --------------------------- purchased, or caused to be purchased, the Shares validly tendered and not withdrawn pursuant to the Offer; provided, however, however that neither Parent nor the Purchaser Buyer may invoke this -------- ------- condition if the Purchaser (or its assignee) Buyer shall have failed to purchase Shares so tendered and not withdrawn in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawnOffer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emachines Inc /De/), Agreement and Plan of Merger (Hui Lap Shun)
Purchase of Shares in Offer. The Purchaser shall have --------------------------- purchased, --------------------------- or caused to be purchased, the Shares pursuant to the Offer; provided, however, that neither Parent nor the Purchaser may invoke 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 pursuant to the Purchaser (or its assignee) shall have failed Offer in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawnor of this Agreement.
Appears in 1 contract
Purchase of Shares in Offer. The Purchaser shall have --------------------------- purchased, or --------------------------- caused to be purchased, the Shares pursuant to the Offer; provided, however, that neither -------- this condition shall be deemed to have been satisfied with respect to the obligation of Parent nor and the Purchaser may invoke this -------- ------- condition to effect the Merger if the Purchaser (fails to accept for payment or its assignee) shall have failed pay for Shares validly tendered pursuant to the Offer in violation of the terms of this Agreement or the Offer to purchase Shares so tendered and not withdrawn.or of this Agreement; and
Appears in 1 contract
