Purchase of Shares in Offer. Parent, Purchaser or their affiliates shall have accepted for payment and paid for all of the Shares validly tendered and not withdrawn pursuant to the Offer, except that this condition shall not apply if Parent, Purchaser or their affiliates shall have failed to purchase Shares pursuant to the Offer in breach of their obligation under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fortress Brookdale Acquisition LLC), Agreement and Plan of Merger (Brookdale Living Communities Inc)
Purchase of Shares in Offer. Parent, the Purchaser or their affiliates shall have accepted for payment and paid for all of the purchased Shares validly tendered and not withdrawn pursuant to the Offer, except that this condition shall not apply if Parent, the Purchaser or their affiliates shall have failed to purchase Shares pursuant to the Offer in breach of their obligation obligations under this Agreement.; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Communications Central Inc), Agreement and Plan of Merger (Measurex Corp /De/)
Purchase of Shares in Offer. Parent, the Purchaser or their --------------------------- affiliates shall have accepted for payment and paid for all of the purchased Shares validly tendered and not withdrawn pursuant to the Offer, except that this condition shall not apply if Parent, the Purchaser or their affiliates shall have failed to purchase Shares pursuant to the Offer in breach of their obligation obligations under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hain Food Group Inc), Agreement and Plan of Merger (Hain Food Group Inc)
Purchase of Shares in Offer. Parent, Purchaser or their affiliates Affiliates shall have accepted for payment and paid for all of the purchased Shares validly tendered and not withdrawn pursuant to the Offer, except ; provided that Parent and Purchaser may not assert this condition shall not apply if Parent, Purchaser or their affiliates shall have failed the failure to purchase accept Shares pursuant to the Offer in for payment resulted from a breach of their obligation under this AgreementAgreement by Parent or Purchaser.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cypress Communications Inc)
