Purchase of Shares in Offer. Merger Sub shall have accepted for payment all Shares validly tendered and not withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arch Coal Inc), Agreement and Plan of Merger (International Coal Group, Inc.)
Purchase of Shares in Offer. Merger Sub shall have accepted for payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not withdrawn pursuant to the Offer (including provided that the purchase of Shares pursuant to any “subsequent offering period” provided by the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub fails to accept for payment and pay for Shares pursuant to the Offer in violation of the terms of this AgreementAgreement or the Offer).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gilead Sciences Inc), Agreement and Plan of Merger (Pharmasset Inc)
Purchase of Shares in Offer. Merger Sub shall have accepted for payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not validly withdrawn pursuant to the Offer (including provided that the purchase of Shares pursuant to any “subsequent offering period” provided by the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub fails to accept payment and pay for Shares pursuant to the Offer in violation of the terms of this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Conmed Corp), Agreement and Plan of Merger (Viking Systems Inc)
Purchase of Shares in Offer. Merger Sub shall have accepted for payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not withdrawn pursuant to the Offer (including provided that the purchase of Shares pursuant to any “subsequent offering period” provided by the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub shall fail to accept payment and pay for Shares pursuant to the Offer in violation of the terms of this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lowrance Electronics Inc), Agreement and Plan of Merger (Simrad Yachting As)
Purchase of Shares in Offer. Merger Sub (or Parent on Merger Sub’s behalf) shall have accepted for payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement)Offer.
Appears in 1 contract
Purchase of Shares in Offer. Merger Sub shall have accepted for payment and paid for all of the Shares validly tendered and not withdrawn pursuant to the Offer (including and not properly withdrawn in accordance with the terms hereof and the Offer Documents, provided that this Section 7.01(a) shall not be a condition to Parent and Merger Sub’s obligations if Merger Sub shall have failed to purchase such Shares pursuant to any “subsequent offering period” provided by Merger Sub pursuant to the Offer in violation of the terms of this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Odyssey Re Holdings Corp)
Purchase of Shares in Offer. Merger Sub shall have accepted for payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not withdrawn pursuant to the Offer (including provided that the purchase of Shares pursuant to any “subsequent offering period” provided by the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub shall fail to accept for payment and pay for Shares pursuant to the Offer in violation of the terms of this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Matrixx Initiatives Inc)
