Acceptance of Shares Pursuant to the Offer. Sub shall have accepted shares of Company Common Stock for payment pursuant to the Offer; PROVIDED, that the obligation of a party to effect the Merger shall not be conditioned on the fulfillment of the condition set forth in this clause (d) if the failure of Sub to accept shares of Company Common Stock for payment pursuant to the Offer shall have constituted or resulted from a material breach of the Offer or this Agreement by such party.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Alcon Holdings Inc), Agreement and Plan of Merger (Technisource Inc), Summit Autonomous Inc
Acceptance of Shares Pursuant to the Offer. Sub shall have accepted shares of Company Common Stock for payment pursuant to the Offer; PROVIDEDprovided, that the obligation of a party to effect the Merger shall not be conditioned on the fulfillment of the condition set forth in this clause (d) if the failure of Sub to accept shares of Company Common Stock for payment pursuant to the Offer shall have constituted or resulted from a material breach of the Offer or this Agreement by such party.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Forrester Research Inc), Agreement and Plan of Merger (National Vision Inc)
