Tender Offer Funds means $64,331,094 of aggregate gross proceeds to stockholders of Company.
Examples of Tender Offer Funds in a sentence
Company shall not increase the Tender Offer Funds or change the form of consideration payable in the Tender Offer, or amend any term of the Tender Offer in a manner which is materially adverse to Sutherland; provided that to the extent permitted by Law and as consented to in writing by Sutherland, Company may waive any of the Tender Offer Conditions.
Assuming we purchase an aggregate of 1,167,400 shares in the Tender Offer, and no director or executive officer or Fleming tenders any shares in the Tender Offer and that there are no Tender Offer Funds available to make the Contingent Purchase, the percentage beneficial ownership of each director and executive officer after the Tender Offer will be approximately as set forth in the table below.
To the extent that the shareholders do not elect to accept the Tender Offer, and some or all of the Tender Offer Funds have not been used in the Tender Offer, following expiration of the Tender Offer, the Company will, in accordance with the Agreement, utilize all of the remaining Tender Offer Funds to complete the Contingent Purchase.
Assuming that all of the Tender Offer Funds have been used in the Tender Offer, the Company will purchase and retire a total of 1,167,400 shares of the Company's Common Stock in the Tender Offer.
To the extent that the shareholders do not tender their shares in the Company's Tender Offer, and some or all of the Tender Offer Funds have not been used in the Tender Offer, the Company will utilize all remaining available funds in the Loan Reserve to purchase and retire additional shares (the "Additional Shares") from the Sellers, in proportion to their respective share ownership percentage, at the Tender Offer Price in accordance with Section 1.2 of this Agreement.