Common use of Commencement of the Offer Clause in Contracts

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9, as promptly as practicable after the Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 5 contracts

Samples: Merger Agreement (Adamas Pharmaceuticals Inc), Merger Agreement (Pacira BioSciences, Inc.), Merger Agreement (Flexion Therapeutics Inc)

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Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8.1, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after business days following the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 4 contracts

Samples: Merger Agreement (Antares Pharma, Inc.), Merger Agreement (Halozyme Therapeutics, Inc.), Merger Agreement (Antares Pharma, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 4 contracts

Samples: Merger Agreement (Sequenom Inc), Agreement and Plan of Merger (Ambit Biosciences Corp), Merger Agreement (Cubist Pharmaceuticals Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 3 contracts

Samples: Merger Agreement (Merck & Co., Inc.), Merger Agreement (Immune Design Corp.), Merger Agreement (ConvergeOne Holdings, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act00x -0 xxxxx xxx Xxxxxxxx Xxx) the Offer.

Appears in 3 contracts

Samples: Merger Agreement, Merger Agreement (Sientra, Inc.), Merger Agreement (Miramar Labs, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article ARTICLE 9, as promptly as practicable after the Agreement Date (but in no event more than ten (10) Business Days after the Agreement Date, subject to the Company having complied with its obligations under Section 2.1(e)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 3 contracts

Samples: Merger Agreement (Biodelivery Sciences International Inc), Merger Agreement (Collegium Pharmaceutical, Inc), Agreement and Plan of Merger (Biodelivery Sciences International Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days fifteen business days after the date of this Agreement Date(subject to the Company having timely provided any information required to be provided by it pursuant to Sections 1.1(e) and 1.2(b)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Merger Agreement (Mallinckrodt PLC), Merger Agreement (Sucampo Pharmaceuticals, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the Agreement Date (date of this Agreement, but in no event more than ten (10) Business Days 12 business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Merger Agreement (Enel Green Power North America, Inc.), Merger Agreement (Enernoc Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten seven (107) Business Days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 2 contracts

Samples: Merger Agreement (J2 Global, Inc.), Merger Agreement (Everyday Health, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the Agreement Date (Date, but in no event more than ten (10) 10 Business Days after the Agreement Date), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer; provided, however, that Purchaser shall not be required to commence the Offer if the Company is not prepared to file the Schedule 14D-9 with the SEC substantially contemporaneously with Purchaser’s filing of the Offering Documents with the SEC.

Appears in 2 contracts

Samples: Merger Agreement (Primo Water Corp), Merger Agreement (Cott Corp /Cn/)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after business days following the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (Principia Biopharma Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article Section 9, as promptly as practicable after the Agreement Date (but and in no event more than ten (10) Business Days after the Agreement Date, but subject to the Company having complied with its obligations in Sections 2.1(e) in all material respects), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (Dova Pharmaceuticals Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) fifteen Business Days after the date of this Agreement Date(subject to the Company having timely provided any information required to be provided by it pursuant to Sections 1.1(e) and 1.2(b)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (Senomyx Inc)

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Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten (10) Business Days business days after the date of this Agreement Date(subject to the Company then being prepared to file the Schedule 14D-9 on the same day as the commencement of the Offer, and having complied in all material respects with its obligations to provide information pursuant to Section 1.1(e) and Section 1.2(b)), Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (F-Star Therapeutics, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8.1, as promptly as practicable after no later than the Agreement Date twentieth (but in no event more than ten (1020th) Business Days after Day following the Agreement Date)date of this Agreement, the Purchaser shall (shall, and the Parent shall cause the Purchaser to) , commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer, subject to the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (HeartWare International, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after the Agreement Date)December 23, 2019, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (Synthorx, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after the Agreement Date)December 30, 2014, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (Volcano Corp)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9, as promptly as practicable after and subject to the Agreement Date (but Company having complied with its obligations under Section 2.1(e) in no event more than ten (10) Business Days after the Agreement Date)all material respects, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the OfferOffer within fifteen (15) Business Days after the Agreement Date.

Appears in 1 contract

Samples: Merger Agreement (Oyster Point Pharma, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more later than ten (10) Business Days after the Agreement Date)June 20, 2022, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Turning Point Therapeutics, Inc.)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten seven (107) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the OfferOffer to purchase all of the outstanding Shares at a price per Share equal to the Offer Price, net to the seller in cash, without interest.

Appears in 1 contract

Samples: Merger Agreement (Pfizer Inc)

Commencement of the Offer. Provided that this Agreement shall not have been terminated in accordance with Article 9Section 8, as promptly as practicable after the date of this Agreement Date (but in no event more than ten seven (107) Business Days business days after the Agreement Date)date of this Agreement, Purchaser shall (and Parent shall cause Purchaser to) commence (within the meaning of Rule 14d-2 under the Exchange Act) the Offer.

Appears in 1 contract

Samples: Merger Agreement (Auspex Pharmaceuticals, Inc.)

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