Termination of Offer. The Offer may not be terminated prior to its Expiration Date, unless this Agreement is validly terminated in accordance with Article IX. If the Offer is terminated or withdrawn by Merger Sub, or this Agreement is terminated in accordance with Section 9.1, in each case prior to the Offer Closing, Merger Sub shall promptly return, and shall cause any depository acting on behalf of Merger Sub to return, all tendered Company Common Stock to the registered holders thereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Viropharma Inc), Agreement and Plan of Merger (Shire PLC)
Termination of Offer. The Merger Sub shall not terminate the Offer may not be terminated prior to its any scheduled Expiration Date, unless Time without the prior written consent of the Company except in the event that this Agreement is validly terminated in accordance with Article IXpursuant to ARTICLE VIII. If the Offer is terminated or withdrawn by Merger Sub, or this Agreement is terminated in accordance with Section 9.1pursuant to ARTICLE VIII, in each case prior to the Offer Closingacceptance for payment of the Company Common Stock tendered in the Offer, Merger Sub shall promptly return, and shall cause any depository acting on behalf of Merger Sub to return, all tendered Company Common Stock to the registered holders thereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (International Baler Corp), Agreement and Plan of Merger (Pfsweb Inc)
