Tender of Securities. Shareholder agrees, in exchange for the consideration described in the Merger Agreement, to (a) tender any Shares owned of record by Shareholder or for which Shareholder has sole dispositive power prior to the Commencement Date to Sub in the Offer not later than five (5) business days following the Commencement Date, and (b) tender any Shares acquired by Shareholder after the Commencement Date to Sub in the Offer not later than the earlier of (i) five (5) business days following the acquisition of such Shares or (ii) the Acceptance Date, and Shareholder shall not withdraw any Shares so tendered under clauses (a) and (b) above unless the Offer is terminated or this Agreement shall have been terminated in accordance with its terms; provided, however, that Shareholder shall not be required, for purposes of this Agreement, to exercise any unexercised Company Options held by such Shareholder or tender any Shares granted to such Shareholder under an employee benefit plan of the Company which are unvested and subject to any risk of forfeiture, and Shareholder shall not have any obligation under this Section 1.5 to tender such Shareholder’s Shares into the Offer if that tender could cause such Shareholder to incur liability under Section 16(b) of the Exchange Act.
Tender of Securities. Stockholder agrees, in exchange for the consideration described in the Merger Agreement, to tender the Shares beneficially owned as of the date hereof and set forth on Schedule I hereto to Purchaser in the Offer as soon as practicable following the commencement of the Offer, and in any event not later than ten (10) business days following the commencement of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days following Stockholder’s receipt of such Offer Documents but in any event prior to the Expiration Date. Unless this Agreement has been terminated in accordance with its terms, Stockholder shall not withdraw any such Shares so tendered unless the Offer is terminated.
Tender of Securities. Shareholder agrees, in exchange for the consideration described in the Merger Agreement, to tender the Securities to Sub in the Offer as soon as practicable following the commencement of the Offer, and in any event not later than five (5) business days following the commencement of the Offer, and Shareholder shall not withdraw any Securities so tendered unless the Offer is terminated.
Tender of Securities. Unless this Agreement has been terminated, each Shareholder hereby agrees that such Shareholder will validly tender (or cause the record owner of such shares to validly tender) and sell (and not withdraw, except in the event the Purchase Option is exercised, in which case such withdrawal shall be for the limited purpose of consummating the Purchase Option) pursuant to and in accordance with the terms of the Offer as promptly as reasonably practicable and in any event not later than the tenth business day after commencement of the Offer (or the earlier of the expiration date of the Offer and the fifth business day after such Shares, as the case may be, are acquired by such Shareholder if the Shareholder acquires Shares after the date hereof), all of the then outstanding Shares beneficially owned by such Shareholder (including the shares of Company Common Stock outstanding as of the date hereof and set forth on Schedule A opposite such Shareholder’s name). In the event, notwithstanding the provisions of the first sentence of this Section 7, during the term of this Agreement, any Shares beneficially owned by a Shareholder are for any reason withdrawn from the Offer or are not purchased pursuant to the Offer, such Shares will remain subject to the terms of this Agreement. Each Shareholder acknowledges that Purchaser’s obligation to accept for payment and pay for Shares tendered in the Offer is subject to all the terms and conditions of the Offer.
Tender of Securities. Stockholder agrees, in exchange for the consideration described in the Merger Agreement, to tender the Shares beneficially owned as of the date hereof and set forth on Schedule I hereto for which Stockholder has sole dispositive power to Sub in the Offer as soon as practicable following the commencement of the Offer, and in any event not later than five (5) business days following the commencement of the Offer, and Stockholder shall not withdraw any such Shares so tendered unless the Offer is terminated; provided, however, that Stockholder shall have no duty or obligation to tender any Shares into the Offer if such action would cause Stockholder to incur liability under Section 16(b) of the Exchange Act.
Tender of Securities. Securityholder agrees to tender, and not withdraw, the Securities owned by Securityholder to Buyer in the Initial Offer (as defined in the Merger Agreement), and in any event no later than 10 business days following the commencement of the Initial Offer.
Tender of Securities. (a) Each Securityholder agrees to tender the Securities to the Company in the Exchange Offer as soon as practicable following the commencement of the Exchange Offer, and in any event not later than ten (10) business days following the commencement of the Exchange Offer, and so long as the Exchange Offer substantially conforms with the terms of the Exchange Offer Documents (as defined below and as they may be amended with the consent of the Securityholders as provided herein), such Securityholder shall not withdraw any Securities so tendered unless the Exchange Offer is terminated or has expired. Subject to the terms and conditions of the Exchange Offer, the Company hereby agrees to accept the Securities so tendered and to issue to the Securityholders 2.16 Common Shares for each Trust Security so tendered.
Tender of Securities. Shareholder agrees to tender the Securities to Sub in the Offer as soon as practicable following the commencement of the Offer, and in any event not later ten (10) business days following the commencement of the Offer and Shareholder shall not withdraw any Securities so tendered unless the Offer is terminated or has expired. Subject to the terms and conditions of the Offer and the Merger Agreement, Sub hereby agrees to purchase the shares of Company Common Stock so tendered at a price per share equal to $0.85 or any higher price that may be paid in the Offer; provided, however, that Sub's obligations to accept for payment and pay for the Securities in the Offer is subject to all the terms and conditions of the Offer set forth in the Merger Agreement and Exhibit A thereto.
Tender of Securities. Stockholder agrees, in exchange for the consideration described in the Merger Agreement, to tender to Sub in the Offer all Securities (i) then beneficially owned as soon as is reasonably practicable following the commencement of the Offer, and in any event not later than ten (10) business days following the commencement of the Offer, and (ii) subsequently acquired as soon as is reasonably practicable following such acquisition, and in any event not later than ten (10) business days following such acquisition; provided, however, that Stockholder shall have no duty or obligation to exercise any unexercised Company Options or tender any Securities into the Offer if such action would cause Stockholder to incur liability under Section 16(b) of the Exchange Act; and provided further that Stockholder may withdraw any Shares so tendered at any time following the termination or expiration of the Offer or this Agreement, and Parent and Sub shall, or shall cause the Rights Agent, to promptly return to Stockholder all Shares so tendered.
Tender of Securities. All the Shares being offered by the Company and the Selling Shareholder and the Representative's Warrant shall be tendered for delivery in accordance with the terms and provisions of this Agreement.
