Common use of Tender of Securities Clause in Contracts

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.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Trius Therapeutics Inc), Tender and Voting Agreement (Cubist Pharmaceuticals Inc)

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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 termsterms or the Offer is terminated, Stockholder shall not withdraw any such Shares so tendered unless the Offer is terminatedtendered; provided, however, that no Stockholder shall be required, for purposes of this Agreement, to exercise any unexercised Convertible Securities, Company Options or Company Warrants held by such Stockholder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ambit Biosciences Corp), Tender Agreement (Ambit Biosciences Corp)

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