Common use of Agreement to Tender Clause in Contracts

Agreement to Tender. The Stockholder hereby agrees to tender all of the outstanding Shares within five business days after the commencement of the Offer, pursuant to and in accordance with the terms of the Offer, and agrees that, prior to the termination of the Acquisition Agreement in accordance with its terms, the Stockholder will not withdraw its tender of the Shares. To effect such tender, the Stockholder shall, within such five business day period, (a) deliver to the depositary designated in the Offer: (i) a letter of transmittal with respect to such Shares complying with the terms of the Offer, (ii) certificates representing such Shares and (iii) all other documents or instruments required to be delivered pursuant to the terms of the Offer, and/or (b) instruct its broker or such other person who is the holder of record of any Shares beneficially owned by the Stockholder to tender such shares for exchange in the Offer pursuant to the terms and conditions of the Offer.

Agreement to Tender. The Stockholder Shareholder hereby agrees to tender for payment in the Offer all of the outstanding Shares within five business days (5) Business Days after the commencement of the Offer, pursuant to and in accordance with the terms of the Offer, and agrees that, prior to the termination of the Acquisition Merger Agreement in accordance with its terms, the Stockholder Shareholder will not withdraw its tender of the Shares. To effect such tender, the Stockholder Shareholder shall, within such five business day (5) Business Day period, (a) deliver to the depositary Paying Agent designated in the Offer: (i) a letter of transmittal with respect to such Shares complying with the terms of the Offer, (ii) certificates representing such Shares and (iii) all other documents or instruments required to be delivered pursuant to the terms of the Offer, and/or (b) instruct its broker or such other person who is the holder of record of any Shares beneficially owned by the Stockholder Shareholder to tender such shares for exchange payment in the Offer pursuant to the terms and conditions of the Offer.