Common use of Tender of Securities Clause in Contracts

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.

Appears in 2 contracts

Samples: Tender Agreement (Kagt Holdings Inc), Tender Agreement (Kagt Holdings Inc)

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Tender of Securities. Subject to Section 1.8, 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.

Appears in 2 contracts

Samples: Tender Agreement (Kagt Holdings Inc), Tender Agreement (Applied Graphics Technologies Inc)

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