Conditions to Offer. The Offering is made subject to the following conditions: (i) that the Company shall have the right to accept or reject this Offer, in whole or in part, for any reason whatsoever; and (ii) that the undersigned agrees to comply with the terms of this Subscription Agreement and to execute and deliver any and all further documents that may be reasonably requested by the Company. Acceptance of this Offer shall be deemed given by the countersigning of this Subscription Agreement on behalf of the Company.
Conditions to Offer. The offering is made subject to the following conditions: (A) you shall have the right to accept or reject this Offer, in whole or in part, for any reason whatsoever; (B) this offer shall not be deemed accepted by you unless and until you have so signified on the signature page to this Agreement and the Purchase Price has been received in cleared United States dollars and (C) that the undersigned agrees to comply with the terms of this Subscription Agreement and to execute and deliver any and all further documents necessary to become a security holder in the Company. The offering period shall begin on ___________ __, 2009 and terminate on ___________ __, 2009 although the Company, in its sole discretion, may extend the termination date to not later than ___________ __, 2009. If less than the total number of Securities offered hereby are sold, the Company, in its sole discretion, may use all proceeds received and not return any subscriptions it has accepted from investors subject to the conditions described hereafter. The Company also reserves the right to undertake separate additional offerings on the same or varying offering terms. Acceptance of this Offer shall be deemed given by the countersigning of this Subscription Agreement on behalf of the Company.
Conditions to Offer. The undersigned acknowledges that the Company may accept or reject the Offer, in whole or in part, for any reason whatsoever. Acceptance of this Offer shall be deemed given by the countersigning of this Subscription Agreement on behalf of the Company.
Conditions to Offer. Notwithstanding any other provisions of the Offer, but subject to the terms and conditions set forth in the Agreement and any applicable rules and regulations of the SEC, including Rule 14e-l(c) under the Exchange Act, Purchaser shall not be required to accept for payment, and shall not be obligated to pay for any validly tendered Shares if (a) the Minimum Condition shall not have been satisfied at any then scheduled Expiration Time, (b) any waiting period or approval under any Required Governmental Approvals applicable to the transactions contemplated by the Agreement has not expired or terminated or been obtained prior to the termination or expiration of the Offer at or prior to any then scheduled Expiration Time (the “HSR Condition”), or (c) any of the following conditions exist or have occurred (and with respect to (i) or (ii) are continuing at the scheduled Expiration Time):
Conditions to Offer. The offering is made subject to the following conditions: (A) you shall have the right to accept or reject this Offer, in whole or in part, for any reason whatsoever; (B) this offer shall not be deemed accepted by you unless and until you have so signified on the signature page to this Agreement and the Purchase Price has been received in cleared United States dollars and (C) that the undersigned agrees to comply with the terms of this Subscription Agreement and to execute and deliver any and all further documents necessary to become a security holder in the Company. The offering period shall begin on August 1, 2008 and terminate on October 1, 2008 although the Company, in its sole discretion, may extend the termination date to not later than November 30, 2008.. If less than the total number of Securities offered hereby are sold, the Company, in its sole discretion, may use all proceeds received and not return any subscriptions it has accepted from investors subject to the conditions described hereafter. The Company also reserves the right to undertake separate additional offerings on the same or varying offering terms. Acceptance of this Offer shall be deemed given by the countersigning of this Subscription Agreement on behalf of the Company.
Conditions to Offer. The Offering is made subject to the following conditions:
Conditions to Offer. Investor’s subscription is made subject to the following terms and conditions:
Conditions to Offer. The Company shall have the right to accept or reject my Offer, in whole or in part, for any reason whatsoever. The Offer shall be deemed to be accepted by the Company only when this Subscription Agreement is signed by the Company and a counterpart is delivered to me ("Closing Date"). Until such execution and delivery, I understand that my Offer has not been accepted and no sale of a Unit to me has occurred.
Conditions to Offer. Acquiror and Newco hereby agree and acknowledge that, as of the date hereof, (A) none of the conditions, events or circumstances described in subparagraph (a), (b), (f) or ( g) of Exhibit A to the Merger Agreement or in Section 9.1(a) or (h) of the Merger Agreement has occurred and (B), to the best knowledge of Acquiror and Newco, none of the conditions, events or circumstances described in subparagraph (c) or (d) of Exhibit A to the Merger Agreement or in Section 9.1(i) or (j) of the Merger Agreement has occurred. No representation, warranty or covenant of the Company and the Subsidiary in the Merger Agreement will be breached by, and no condition to the Offer or the Merger will fail to be satisfied as a result of, any action, omission, effect on or adverse change in the business, operations, properties (including intangible properties), condition (financial or otherwise), results of operations, assets or liabilities of the Company and the Subsidiary, taken as a whole, arising out of or related to (i) the sale or proposed sale of stores pursuant to the Antitrust Laws, (ii) changes in the Company's business operations requested or acquiesced in by Acquiror, prior to, on or after the date hereof or (iii) deterioration in the Company's financial performance after August 1, 1998 attributable to the expected purchase of shares of Common Stock pursuant to the Offer.
Conditions to Offer. This Offering is being conducted on a “best efforts” basis by Andean on behalf of the Company. Closing of the Offering shall occur as described in and subject to the provisions of Section 1.6 hereof.
