Offer Documentation definition
Examples of Offer Documentation in a sentence
Staktek and Samsung intend to deliver to the Agent certain documents which will be identified in a joint instruction from Samsung and Staktek to the Agent as comprising the “Tender Offer Documentation.” Staktek shall deliver to the Agent addresses (or preprinted mailing labels) of individuals determined by Staktek to be eligible to receive the Tender Offer Documentation (“Offerees”) along with shipping instructions.
Notwithstanding, the foregoing, Staktek shall reimburse the Agent for its cost of mailing the Tender Offer Documentation to the Offerees.
Upon receiving the joint authorization of Samsung and Staktek, the Agent shall mail, by U.S. Express Mail or Federal Express as directed by Staktek, the Tender Offer Documentation to each Offeree.
The Agent acknowledges that the Offerees will be instructed to send their responses to the Tender Offer Documentation directly to the Agent, at the Agent’s Austin address.
The indenture for the New Notes will also include (and the Exchange Offer Documentation will describe) a “most favored nation” clause entitling the Electing Holders to the benefit of any terms for the acquisition of Convert Notes offered by the Company in the future to any holders of Convert Notes not tendered in the Exchange Offer which are more favorable than the acquisition terms of the Exchange Offer or the New Notes.