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: Merger Agreement (Summit Autonomous Inc), Merger Agreement (Alcon Holdings Inc), Merger Agreement (Technisource 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: Merger Agreement (National Vision Inc), Merger Agreement (Forrester Research Inc)
