Commencement of the Offer. As promptly as practicable (but in no event later than five (5) Business Days) after the date hereof, provided that this Agreement shall not have been terminated in accordance with Article VIII, Merger Sub shall, and Parent shall cause Merger Sub to, commence (within the meaning of Rule 14d-2 under the Exchange Act), the Offer at the Offer Price; provided, however, that Parent and Merger Sub shall not be deemed to be in breach of this Section 1.1(a) if the Company fails to comply with its obligations under Section 1.2.
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Samples: Agreement and Plan of Merger (Fidelity National Financial, Inc.), Agreement and Plan of Merger (Alexanders J Corp)
Commencement of the Offer. As promptly as practicable (but in no event later than five (5) Business Days) after the date hereof, provided Provided that this Agreement shall not have been terminated pursuant to Section 9.1 or Section 9.2, as promptly as practicable after the date hereof (but in accordance with Article VIIIno event more than twelve (12) Business Days thereafter), Merger Sub shall, and Parent shall cause Merger Sub to, and Merger Sub shall, commence (within the meaning of Rule 14d-2 promulgated under the Exchange Act) the Offer to purchase all of the shares of Company Common Stock at a price per share equal to the Offer Price (as adjusted as provided in Section 2.1(c), the Offer at the Offer Price; provided, however, that Parent and Merger Sub shall not be deemed to be in breach of this Section 1.1(a) if the Company fails to comply with its obligations under Section 1.2applicable).
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Samples: Merger Agreement (Solutia Inc), Merger Agreement (Southwall Technologies Inc /De/)
Commencement of the Offer. As promptly as practicable (but in no event later than five (5) Business Days) after the date hereof, provided Provided that this Agreement shall not have been terminated in accordance with Article VIIISection 8.01, as promptly as practicable (but in no event later than ten Business Days) after the date hereof, Merger Sub shall, and Parent shall cause Merger Sub to, commence (within the meaning of Rule 14d-2 under the Exchange Act), the Offer at the Offer Price; , provided, however, that Parent and Merger Sub shall not be deemed to be in breach of this Section 1.1(a1.01(a) if the Company fails to comply with its obligations under Section 1.21.02.
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