Common use of Tender of Securities Clause in Contracts

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of this Section 7, during the term of this Agreement, any Shares beneficially owned by a Shareholder are for any reason withdrawn from the Offer or are not purchased pursuant to the Offer, such Shares will remain subject to the terms of this Agreement.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. Unless this Agreement has been terminated, each Shareholder Each Stockholder hereby agrees that -------------------- such Shareholder Stockholder 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 offer and the fifth tenth business day after such SharesShares or Warrants, as the case may be, are acquired by such Shareholder Stockholder if the Shareholder Stockholder acquires Shares or Warrants after the date hereof), or, if the Stockholder has not received the Offer Documents by such time, within two business days following receipt of such documents, all of the then outstanding Shares shares of Company Common Stock and Warrants beneficially owned by such Shareholder Stockholder (including the shares of Company Common Stock and Warrants outstanding as of the date hereof and set forth on Schedule A opposite such Shareholder’s Stockholder's name). In Subject to the eventterms hereof, notwithstanding upon the provisions purchase by Purchaser of the first sentence all of this Section 7, during the term such then outstanding shares of this Agreement, any Shares Company Common Stock and Warrants beneficially owned by a Shareholder are for any reason withdrawn from the Offer or are not purchased such Stockholder pursuant to the OfferOffer in accordance with this Section 6, this Agreement will terminate as it relates to such Shares will remain subject to the terms of this AgreementStockholder. Each Shareholder Stockholder acknowledges that Purchaser’s 's obligation to accept for payment and pay for Shares the shares of Company Common Stock and Warrants tendered in the Offer is subject to all the terms and conditions of the OfferOffer and the Merger Agreement.

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 '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 '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. Unless this Agreement has been terminated, each Shareholder Each Stockholder hereby agrees that -------------------- such Shareholder Stockholder 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 possible and in any event not later than prior to 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 Stockholder if the Shareholder Stockholder acquires Shares after the date hereof), all of the then outstanding Shares beneficially owned by such Shareholder Stockholder (including the shares of Company Common Stock and Company Preferred Stock outstanding as of the date hereof and set forth on Schedule A opposite such Shareholder’s Stockholder'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 Stockholder 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 Stockholder acknowledges that Purchaser’s '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.