Alternative Transaction Structure. Notwithstanding anything to the contrary set forth in this Agreement, if the Minimum Condition has not been satisfied prior to the scheduled expiration of the Offer (as such Offer may have been extended pursuant to Section 1.1 hereof), Purchaser shall terminate the Offer and Parent, Purchaser and the Company shall proceed with the Merger in accordance Article II of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Valley Forge Corp), Merger Agreement (Kci Acquisition Corp), Merger Agreement (Valley Forge Corp)