Consummation of the Offer. Acquisition Sub (or Parent on Acquisition Sub’s behalf) shall have accepted for payment the Company Common Stock and Company Series A Preferred Stock validly tendered pursuant to the Offer and not withdrawn.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Franklin UK Bidco LTD), Merger Agreement (Planet Payment Inc)
Consummation of the Offer. Acquisition Sub (or Parent on Acquisition Sub’s behalf) shall have accepted for payment the Company Common Stock and Company Series A Preferred Stock validly tendered pursuant to the Offer and not withdrawn.
Appears in 2 contracts
Samples: Merger Agreement (Amplify Snack Brands, INC), Merger Agreement (Hershey Co)
Consummation of the Offer. Acquisition Sub (or Parent on Acquisition Sub’s behalf) shall have accepted for payment the Company Common Stock and Company Series A Preferred Stock Shares validly tendered pursuant to the Offer and not withdrawn.
Appears in 1 contract
Samples: Merger Agreement (Xenoport Inc)