Common use of The Offer Clause in Contracts

The Offer. (a) Merger Sub shall, and Parent shall cause Merger Sub to, commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Chiquita Brands International Inc), Agreement and Plan of Merger (Cavendish Acquisition Corp), Agreement and Plan of Merger (Chiquita Brands International Inc)

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The Offer. (a) Provided that this Agreement shall not have been terminated in accordance with Section 8.1, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven ten (710) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Hillshire Brands Co), Agreement and Plan of Merger (Tyson Foods Inc), Agreement and Plan of Merger (Tyson Foods Inc)

The Offer. (a) Merger Sub shall, and Parent shall cause Merger Sub to, as promptly as practicable (and, in any event, within ten (10) Business Days) after the date of this Agreement, commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Randstad North America, L.P.), Agreement and Plan of Merger (SFN Group Inc.)

The Offer. (a) As promptly as practicable after the date of this Agreement, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (MGC DIAGNOSTICS Corp), Agreement and Plan of Merger (MGC Parent LLC)

The Offer. (a) Provided that this Agreement shall not have been terminated pursuant to Article VIII, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) use its reasonable best efforts to commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following within three (3) Business Days (and shall commence such Offer in any event within ten (10) Business Days) of the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Charming Shoppes Inc), Agreement and Plan of Merger (Ascena Retail Group, Inc.)

The Offer. (a) Merger Sub shall, and Parent shall cause Merger Sub to, as promptly as practicable after the date of this Agreement, commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bishop Infrastructure III Acquisition Company, Inc.), Agreement and Plan of Merger (Westway Group, Inc.)

The Offer. (a) As promptly as practicable after the date of this Agreement (and in any event no later than eight (8) Business Days following the date of this Agreement), Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Thermo Fisher Scientific Inc.), Agreement and Plan of Merger (Dionex Corp /De)

The Offer. (a) Provided that this Agreement shall not have been terminated in accordance with Section 8.01, Merger Sub shall, and Parent shall cause Merger Sub to, on or before the date that is ten (10) Business Days after the date of the initial public announcement of this Agreement (but in no event earlier than five (5) Business Days after the date of the initial public announcement of this Agreement), commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cadence Pharmaceuticals Inc), Agreement and Plan of Merger (Mallinckrodt PLC)

The Offer. (a) Provided that this Agreement shall not have been terminated in accordance with Section 8.1, Merger Sub shall, and Parent shall cause Merger Sub to, as promptly as practicable following the execution of this Agreement, and in any event within five (5) Business Days following the date of this Agreement (or such other later date as the parties may mutually agree in writing), commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (X Rite Inc)

The Offer. (a) As promptly as practicable after the date of this Agreement but in no event more than ten Business Days after the date of this Agreement, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Spectranetics Corp)

The Offer. (a) As promptly as practicable after the date of this Agreement (but in no event more than ten (10) Business Days thereafter (subject to the Company having timely complied with its obligations pursuant to this Article I)), Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MRV Communications Inc)

The Offer. (a) Provided that this Agreement shall not have been terminated in accordance with ‎Section 8.01, Merger Sub shall, and Parent shall cause Merger Sub to, as promptly as practicable after the Agreement Date (and in any event no later than ten (10) Business Days after the date of the initial public announcement of this Agreement), commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following to purchase any and all of the date of this Agreement, and in any event within seven (7) Business Days following outstanding Shares at the date of this Agreement (or such other date as the Parties may agree in writing)Offer Price.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zeneca, Inc.)

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The Offer. (a) Provided that this Agreement shall not have been terminated in accordance with Section 8.01, Merger Sub shall, and Parent shall cause Merger Sub to, on or before the date that is ten (10) Business Days after the date of the initial public announcement of this Agreement, commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Durata Therapeutics, Inc.)

The Offer. (a) As promptly as practicable but in no event more than 10 Business Days after the date of this Agreement, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Tender and Voting Agreement (Computer Software Innovations, Inc.)

The Offer. (a) As promptly as practicable after the date of this Agreement but in no event later than December 29, 2020, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Biotelemetry, Inc.)

The Offer. (a) As promptly as practicable after the date of this Agreement (and in any event within ten (10) Business Days), Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tasty Baking Co)

The Offer. (a) Provided that this Agreement shall not have been terminated in accordance with Section 8.01, Merger Sub shall, and Parent shall cause Merger Sub to, as promptly as practicable after the Agreement Date (and in any event no later than ten (10) Business Days after the date of the initial public announcement of this Agreement), commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following to purchase any and all of the date of this Agreement, and in any event within seven (7) Business Days following outstanding Shares at the date of this Agreement (or such other date as the Parties may agree in writing)Offer Price.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ZS Pharma, Inc.)

The Offer. (a) As promptly as practicable after the date of this Agreement but in no event later than April 26, 2021, Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (United Rentals, Inc.)

The Offer. (a) As promptly as practicable after the date of this Agreement (and in any event within fifteen (15) Business Days of the date of this Agreement), Merger Sub shall, shall (and Parent shall cause Merger Sub to, ) commence (within the meaning of Rule 14d-2 under the under the Securities Exchange Act of 1934, as amended amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer as promptly as practicable following the date of this Agreement, and in any event within seven (7) Business Days following the date of this Agreement (or such other date as the Parties may agree in writing)Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Span America Medical Systems Inc)

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