Certain Tender Offers. Notwithstanding the provisions of Section 5.1, if a Third Party Tender Offer is made and, within 10 Business Days of the date on which the Third Party Tender Offer is first published or sent or given, the Board of Directors does not recommend rejection of the Third Party Tender Offer in accordance with Rule 14e-2 under the Exchange Act, then Investor AB may tender into such Third Party Tender Offer, but in all other respects the provisions of Section 5.1 shall continue to apply.
Appears in 2 contracts
Samples: Stockholders Agreement (Nasdaq Omx Group, Inc.), Shareholder Agreements (Investor Ab)
Certain Tender Offers. Notwithstanding the provisions of Section 5.1, if a Third Party Tender Offer is made commenced and, within 10 Business Days of the date on which the of commencement of such Third Party Tender Offer is first published or sent or givenOffer, the Board of Directors either recommends for such Third Party Tender Offer (or does not recommend rejection of the such Third Party Tender Offer in accordance with Rule 14e-2 under Offer, unless the Exchange ActBoard of Directors has indicated that it is still evaluating such tender or exchange offer), then Investor AB the Seller Parties may tender into such Third Party Tender Offer, but in all other respects the provisions of Section 5.1 shall continue to apply.
Appears in 2 contracts
Samples: Stockholders' Agreement (Nasdaq, Inc.), Merger Agreement (Nasdaq, Inc.)