Self Tender Clause Samples
Self Tender. If (i) Enterprise MLP shall engage in a tender offer for more than 10% of the Common Units issued and outstanding at such time and (ii) such tender offer is closed and payment is made for the Common Units purchased therein for a purchase price per unit that is at least 5% greater than the closing sales price per Common Unit on the trading day immediately preceding the announcement of such tender offer (the “Pre-Tender Value”), then the Holder shall be entitled to receive, upon each Exchange for Unissued Exchange Units (in addition to such Exchange Units), the excess of the purchase price per Common Unit paid upon closing of the tender offer over the Pre-Tender Value per Common Unit multiplied by the total number of Unissued Exchange Units which would have been sold by the Holder if it tendered all of the Unissued Exchange Units to Enterprise MLP in such tender offer. Upon the closing of any such tender offer, Enterprise GP shall allocate sufficient reserves to ensure the timely and full performance of the provisions of this Section 2.9(e).
Self Tender. For a period of eighteen months following the Closing Date, neither Newco (unless consented to by the Newco Audit Committee) nor Parent will engage in a self-tender offer or, in the case of Parent, a tender offer for shares of Newco, pursuant to Rules 13e-3 or 13e-4 of the Exchange Act; provided that nothing in this Section 6.21 shall prevent Parent from acquiring shares of New Common in the open market following the Effective Time if such acquisitions shall not result in Parent beneficially owning more than 69% of Newco on a fully diluted basis.
Self Tender. If at any time on or after the date hereof, the Corporation shall acquire, pursuant to an issuer or self tender offer, all or more than 25% of the outstanding Common Stock, and such tender offer involves the payment of consideration per share of Common Stock having a fair market value (as determined in good faith by the Board of Directors), at the last time (the "Expiration Time") tenders may be made pursuant to such offer, that exceeds the then current market price per share (deter- mined as provided in Section M below) of Common Stock on the Trading Day next succeeding the Expiration Time, then the Conversion Price in effect on the opening of business on the day next succeeding the Expiration Time shall be adjusted to equal the price determined by multiplying (i) the Conversion Price in effect immediately prior to the Expiration Time by (ii) a fraction, the numerator of which shall be (a) the number of shares of Common Stock outstanding (including the shares acquired in the tender offer (the "Acquired Shares")) immediately prior to the Expiration Time, multi- plied by (b) the current market price per share of Common Stock on the Trading Day next succeeding the Expiration Time, and the denominator of which shall be the sum of (x) the fair market value (determined as afore- said) of the aggregate consideration paid to acquire the Acquired Shares and (y) the product of (1) the number of shares of Common Stock outstanding (less any Acquired Shares) at the Expiration Time, multiplied by (2) the current market price per share of Common Stock on the Trading Day next succeeding the Expiration Time. M. Current Market Price. As used herein, "current market value per share" means, with respect to a share of Common Stock, (a) if the shares are listed or admitted for trading on any national securities exchange or included in The Nasdaq National Market or Nasdaq SmallCap Market, the last reported sales price per share as reported on such exchange or market; (b) if the shares are not listed or admitted for trading on any national securities exchange or included in The Nasdaq National Market or Nasdaq SmallCap Market, the average of the last reported closing bid and asked quotation per share for the shares as reported on the National Association of Securities Dealers Automated Quotation System ("NASDAQ") or a similar service if NASDAQ is not reporting such informa- tion; (c) if the shares are not listed or admitted for trading on any national securities exchange or incl...
Self Tender. In case the Company or any of its Subsidiaries engages in a tender or exchange offer for all or any portion of 84