Common use of Commencement of the Offer Clause in Contracts

Commencement of the Offer. Unless this Agreement shall have previously been terminated in accordance with Article VIII, and provided that the Company shall have complied in all material respects with its obligations under Section 1.2, Merger Sub shall commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer to purchase all of the outstanding Shares at a price per Share equal to the Offer Price as promptly as reasonably practicable following the date hereof, but no later than the tenth (10th) Business Day after the initial public announcement of the execution of this Agreement (which initial public announcement shall occur no later than the first (1st) Business Day following execution and delivery of this Agreement).

Commencement of the Offer. Unless this Agreement shall have previously been terminated in accordance with Article VIII, and provided that the Company shall have complied in all material respects with its obligations under Section 1.21.02, Merger Sub shall commence (within the meaning of Rule 14d-2 under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)) the Offer to purchase all of the outstanding Shares at a price per Share equal to the Offer Price as promptly as reasonably practicable following the date hereof, but no later than the tenth fifteenth (10th15th) Business Day after the initial public announcement of the execution of this Agreement (which initial public announcement shall occur no later than the first (1st) Business Day following execution and delivery of this Agreement).