Consummation of the Offer. Buyer shall have accepted for payment and paid for all Common Shares tendered and not withdrawn in the Offer; provided that this condition shall not be applicable if the Offer Conditions are satisfied and Buyer or Sub does not purchase any Common Shares validly tendered and not withdrawn pursuant to the Offer.
Appears in 3 contracts
Samples: Merger Agreement (Gryphon Holdings Inc), Merger Agreement (Gryphon Holdings Inc), Merger Agreement (Markel Corp)
Consummation of the Offer. Buyer Purchaser shall have accepted for payment and paid for all Common Shares validly tendered pursuant to the Offer and not withdrawn; provided however, that neither Parent or Purchaser may invoke the condition if Purchaser shall have failed to purchase Shares so tendered and not withdrawn in violation of the Offer; provided that terms of this condition shall not be applicable if the Offer Conditions are satisfied and Buyer Agreement or Sub does not purchase any Common Shares validly tendered and not withdrawn pursuant to the Offer.
Appears in 3 contracts
Samples: Merger Agreement (Informax Inc), Merger Agreement (Invitrogen Corp), Merger Agreement (Invitrogen Corp)