Public Tender Offer definition
Examples of Public Tender Offer in a sentence
Zimmer shall declare the Public Tender Offer unconditional on the fourth Business Day following the expiration of the Offer Period.
The cost reimbursement is agreed for the sole purpose of compensating InCentive for frustrated actions and negotiation expenses and is not intended in any way whatsoever to coerce ▇▇▇▇▇ & Nephew into completing the Public Tender Offer.
The Public Tender Offer shall be subject to the fulfilment or waiver by ▇▇▇▇▇ & Nephew of the conditions as set forth in the Pre-Announcement.
The Parties confirm and agree that the conditions of the Public Tender Offer set forth in section 2.5 of the InCentive Prospectus (the "INCENTIVE CONDITIONS") are satisfied .
InCentive hereby confirms that its board of directors has, subject to the receipt of a fairness opinion, (i) determined that this Agreement and the transactions contemplated thereby are fair to, and in the best interests of, InCentive's shareholders, (ii) approved this Agreement and (iii) resolved unanimously to recommend acceptance of the Public Tender Offer in accordance with Article 29 (1) SESTA in a timely manner so that such report can be attached to the Offer Prospectus.
The Adjusted Net Asset Value has been determined in accordance with the terms and conditions of the Public Tender Offer and confirmed by PricewaterhouseCoopers in the Report and shall be final and binding on the Parties for all purposes.
As detailed in Section 5.2 (Reasons for the Offering and use of proceeds), the Issuer has however the intention to buy back its Convertible Bonds 2013 by way of the Institutional Reverse Bookbuilding and the Public Tender Offer to be financed by way of the proceeds of this Offering.
In addition, the Issuer will pay to bondholders who tender their Convertible Bonds 2013 in the Public Tender Offer, interests accrued between the settlement date of the Institutional Reverse Bookbuilding and the settlement date of the Public Tender Offer.
Paragraph (a) of Section 6.08 of the Credit Agreement is hereby amended by deleting, in its entirety, the phrase “(other than any Restricted Payment permitted under (iv) below to consummate the Public Tender Offer, with respect to which the condition of the absence of a Default shall not apply)”.
InCentive shall not tender any treasury InCentive Shares held by it or any of its subsidiaries under the Public Tender Offer and shall not dispose of any such shares.