Common use of Subsequent Offering Period Clause in Contracts

Subsequent Offering Period. After the expiration of the Offer, Merger Sub may (but shall not be required to), and the Offer Documents shall reserve the right to, extend the Offer for a subsequent offering period (within the meaning of Rule 14d-11 under the Exchange Act) of not less than three (3) nor more than twenty (20) Business Days, which subsequent offering period shall commence immediately following the expiration of the Offer. Subject to the terms and conditions of this Agreement and the Offer, Merger Sub shall (and Parent shall cause Merger Sub to) immediately accept for payment, and promptly pay for, all Company Shares validly tendered and not withdrawn pursuant to the Offer as so extended by such subsequent offering period, as any such Company Shares are tendered during such subsequent offering period. The Offer Price payable in respect of each Company Share validly tendered and not withdrawn pursuant to the Offer, as so extended by such subsequent offering period, shall be paid net to the holder thereof in cash, subject to Section 1.1(g).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Moldflow Corp), Agreement and Plan of Merger (Autodesk Inc)

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Subsequent Offering Period. After the expiration of the Offer, Merger Sub The Offering Subsidiary may (but shall not be required to), and the Offer Documents shall reserve the right to, extend the Offer for a subsequent offering period (within the meaning of Rule 14d-11 under the Exchange Act) of not less than three (3) nor more than twenty (20) Business Days, which subsequent offering period shall commence Days immediately following the expiration of the OfferInitial Offer Closing. Subject to the terms and conditions of this Agreement and the Offer, Merger Sub the Offering Subsidiary shall (and Parent the Buyer shall cause Merger Sub the Offering Subsidiary to) immediately accept for payment, and promptly pay for, all Company Shares Securities validly tendered and not withdrawn pursuant to the Offer as so extended by such subsequent offering period, as promptly as practicable after any such Company Shares Securities are tendered during such subsequent offering period. The Offer Price Per Share Cash Consideration payable in respect of each Company Share Security validly tendered and not withdrawn pursuant to the Offer, as so extended by such subsequent offering period, shall be paid net to the holder thereof in cash, subject to Section 1.1(g)reduction only for any applicable withholding or other Taxes required to be deducted or withheld under applicable law.

Appears in 2 contracts

Samples: Combination Agreement (Realnetworks Inc), Combination Agreement (WiderThan Co., Ltd.)

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