Acceptance of the Offer. Merger Sub (or Parent on Merger Sub’s behalf) shall have accepted for payment and paid for all of the shares of Company Common Stock validly tendered pursuant to the Offer and not withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.01(c) shall not be a condition to Parent and Merger Sub’s obligations if Merger Sub shall have failed to purchase such shares of Company Common Stock pursuant to the Offer in violation of this Agreement).
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Samples: Merger Agreement (King Pharmaceuticals Inc), Merger Agreement (Alpharma Inc)
Acceptance of the Offer. Merger Sub (or Parent on Merger Sub’s behalf) shall have accepted for payment and paid for all of the shares of Company Common Stock Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.01(c) shall not be a condition to Parent and Merger Sub’s obligations if Merger Sub shall have failed to purchase such shares of Company Common Stock pursuant to the Offer in violation of this Agreement)thereof.
Appears in 2 contracts
Samples: Merger Agreement (Stryker Corp), Merger Agreement (Orthovita Inc)
Acceptance of the Offer. Merger Sub (or Parent or Holdings on Merger Sub’s behalf) shall have accepted for payment and paid for all of the shares of Company Common Stock Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.01(c7.1(c) shall not be a condition to Parent and Merger Sub’s obligations if Merger Sub shall have failed to purchase such shares of Company Common Stock Shares pursuant to the Offer in violation of this Agreement).
Appears in 2 contracts
Samples: Merger Agreement (Osi Pharmaceuticals Inc), Merger Agreement (Astellas Pharma Inc.)
Acceptance of the Offer. Merger Sub (or Parent on Merger Sub’s behalf) shall have accepted for payment and paid for all of the shares of Company Common Stock Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.01(c) shall not be a condition to Parent Parent’s and Merger Sub’s obligations if Merger Sub shall have failed to purchase such shares of Company Common Stock Shares pursuant to the Offer in violation of this Agreement).
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Acceptance of the Offer. Merger Sub (or Parent on Merger Sub’s 's behalf) shall have accepted for payment and paid for all of the shares of Company Common Stock Shares validly tendered pursuant to the Offer and not properly withdrawn in accordance with the terms hereof and thereof (provided that this Section 7.01(c) shall not be a condition to Parent and Merger Sub’s 's obligations if Merger Sub shall have failed to purchase such shares of Company Common Stock Shares pursuant to the Offer in violation of this Agreement).
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