Consummation of the Offer. Purchaser shall have accepted for payment and paid for all Shares validly tendered pursuant to the Offer and not withdrawn; provided however, that neither Parent or Purchaser may invoke the condition if Purchaser shall have failed to purchase Shares so tendered and not withdrawn in violation of the terms of this Agreement or the Offer.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Invitrogen Corp), Agreement and Plan of Merger (Invitrogen Corp), Agreement and Plan of Merger (Informax Inc)
Consummation of the Offer. Purchaser (or Parent on Purchaser’s behalf) shall have accepted for payment and paid for all of the Shares validly tendered pursuant to the Offer and not withdrawn; provided however, that neither Parent or Purchaser may invoke the condition if Purchaser shall have failed to purchase Shares so tendered and not withdrawn in violation of the terms of this Agreement or the Offer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Minerals Technologies Inc), Agreement and Plan of Merger (Amcol International Corp)
Consummation of the Offer. Purchaser shall have accepted for payment and paid for, or caused to be accepted for payment and paid for, all Shares validly tendered and not properly withdrawn pursuant to the Offer and not withdrawn(including pursuant to any “subsequent offer period” provided by Purchaser pursuant to this Agreement, if any); provided however, that neither Parent or Purchaser may invoke the condition if Purchaser shall have failed to purchase Shares so tendered and not withdrawn in violation of the terms of this Agreement or the Offer.and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Orchid Cellmark Inc), Support Agreement (Monogram Biosciences, Inc.)
Consummation of the Offer. Purchaser (or Parent on Purchaser’s behalf) shall have irrevocably accepted for payment and paid for all Shares validly tendered and not validly withdrawn pursuant to the Offer and not withdrawn; provided however, that neither Parent or Purchaser may invoke the condition if Purchaser shall have failed to purchase Shares so tendered and not withdrawn in violation of the terms of this Agreement or the Offer.
Appears in 1 contract
