Common use of Tender Agreement Clause in Contracts

Tender Agreement. The Stockholder hereby agrees that until the Termination Date, (a) the Stockholder shall tender the Subject Shares to Purchaser in the Tender Offer as promptly as practicable, and in any event no later than the tenth business day, following the commencement of the Tender Offer pursuant to Section 1.01 of the Merger Agreement and (b) the Stockholder shall not withdraw any Subject Shares so tendered unless the Tender Offer is terminated or has expired without Purchaser purchasing all Shares validly tendered in the Tender Offer. The Stockholder acknowledges and agrees that the Offerors' obligation to accept for payment Shares in the tender Offer, including any Shares tendered by the Stockholder, is subject to the terms and conditions of the Merger Agreement and the Tender Offer.