Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment Company Shares tendered into the Offer, including any Company Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 11 contracts
Samples: Tender and Support Agreement (JHH Capital, LLC), Tender and Support Agreement (JHH Capital, LLC), Tender and Support Agreement (Kroger Co)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment exchange shares of Company Shares tendered into Common Stock in the Offer, including any Company Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 10 contracts
Samples: Tender and Voting Agreement, Tender and Voting Agreement (Tufco Technologies Inc), Stockholder Agreement (Diedrich Coffee Inc)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition SubPurchaser’s obligation to accept for payment Company Shares tendered into the Offer, including any Company the Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 7 contracts
Samples: Tender and Support Agreement (Chicago Merger Sub, Inc.), Tender and Support Agreement (Chicago Merger Sub, Inc.), Tender and Support Agreement (Chicago Merger Sub, Inc.)
Conditional Obligation. Stockholder Shareholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment Company Shares tendered into Securities in the Offer, including any Company Subject Shares tendered by StockholderShareholder, is subject to the terms and conditions of the Merger Master Agreement and the Offer.
Appears in 7 contracts
Samples: Agreement to Tender and Voting Agreement, Agreement to Tender and Voting Agreement, Agreement to Tender and Voting Agreement
Conditional Obligation. Stockholder acknowledges The Stockholders acknowledge and agrees agree that Acquisition Sub’s obligation to accept for payment Company Shares tendered into the Offer, including any Company Shares tendered by Stockholderthe Stockholders, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 3 contracts
Samples: Tender and Support Agreement (Roundy's, Inc.), Tender and Support Agreement (Kroger Co), Tender and Support Agreement (Graftech International LTD)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Merger Sub’s obligation to accept for payment Company Shares tendered into the Offer, including any Company Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 3 contracts
Samples: Tender and Support Agreement (Cogentix Medical Inc /De/), Tender and Support Agreement (Cogentix Medical Inc /De/), Tender and Support Agreement (Ceres, Inc.)
Conditional Obligation. Stockholder Shareholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment Company Shares tendered into Securities in the Offer, including any Company Subject Shares tendered by StockholderShareholder, is subject to the terms and conditions of the Merger Master Agreement and the Offer. The Offer Price will be paid in U.S. dollars.
Appears in 2 contracts
Samples: Agreement to Tender and Voting Agreement (Ebay Inc), Agreement to Tender and Voting Agreement (Ebay Inc)
Conditional Obligation. Stockholder Shareholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment exchange shares of Company Shares tendered into Common Stock in the Offer, including any Company Subject Shares tendered by StockholderShareholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 2 contracts
Samples: Shareholder Agreement (Sonic Solutions/Ca/), Shareholder Agreement (Rovi Corp)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Merger Sub’s obligation to accept for payment Company Shares tendered into the Offer, including any Company the Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 2 contracts
Samples: Tender and Support Agreement (Innoviva, Inc.), Tender and Support Agreement (Innoviva, Inc.)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment shares of Company Shares tendered into Common Stock in the Offer, including any Company Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 2 contracts
Samples: Stockholder Agreement (Gilead Sciences Inc), Stockholder Agreement (Cv Therapeutics Inc)
Conditional Obligation. Each Stockholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment any Company Shares tendered into the Offer, including any Company Shares tendered by such Stockholder, is subject to the terms and conditions of the Merger Agreement Agreement, the Offer and the OfferOffer Documents.
Appears in 2 contracts
Samples: Tender and Support Agreement (Leapfrog Enterprises Inc), Tender and Support Agreement
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment Company Shares tendered into the Offer, including any Company the Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 2 contracts
Samples: Merger Agreement (E2open Inc), Tender and Support Agreement (Insight Venture Partners IX, L.P.)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Sub’s obligation to accept for payment shares of Company Shares tendered into Common Stock in the Offer, including any Company Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Reorganization Agreement and the Offer.
Appears in 1 contract
Samples: Stockholder Agreement (Synopsys Inc)
Conditional Obligation. Stockholder acknowledges and agrees that Acquisition Sub’s 's obligation to accept for payment Company Shares tendered into the Offer, including any Company the Subject Shares tendered by Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 1 contract
Samples: Tender and Support Agreement (Insight Venture Partners IX, L.P.)