Common use of Covenant to Tender Clause in Contracts

Covenant to Tender. The Stockholder hereby agrees that he will validly tender (or cause the record owner of such shares to validly tender) the Stockholder's Shares pursuant to and in accordance with the terms of the Offer, as soon as practicable after commencement of the Offer (but in no event later than five business days after the filing of the Schedule TO by the Parent and/or Purchaser with the SEC in the case of the Stockholder's Shares then owned by the Stockholder, or the first business day following their acquisition in the case of any additional shares of Common Stock acquired by the Stockholder), by physical delivery of the certificates therefor (or instructions for such delivery to the record owner of such shares) and to not withdraw the Stockholder's Shares, except following termination of this Agreement pursuant to Section 11 hereof. The Stockholder hereby acknowledges and agrees that Parent's and the Purchaser's obligation to accept for payment and pay for the Stockholder's Shares is subject to the terms and conditions of the Offer. The Stockholder hereby agrees to permit Parent and the Purchaser to publish and disclose in the Offer Documents the identity and ownership of the Stockholder's Shares and the nature of the Stockholder's commitments, arrangements and understandings under this Agreement.

Covenant to Tender. The Stockholder hereby agrees that he will validly tender (or cause the record owner of such shares to validly tender) the Stockholder's ’s Shares pursuant to and in accordance with the terms of the Offer, as soon as practicable after commencement of the Offer (but in no event later than five business days after the filing of the Schedule TO by the Parent and/or Purchaser with the SEC in the case of the Stockholder's ’s Shares then owned by the Stockholder, or the first business day following their acquisition in the case of any additional shares of Common Stock acquired by the Stockholder), by physical delivery of the certificates therefor (or instructions for such delivery to the record owner of such shares) and to not withdraw the Stockholder's ’s Shares, except following termination of this Agreement pursuant to Section 11 hereof. The Stockholder hereby acknowledges and agrees that Parent's ’s and the Purchaser's ’s obligation to accept for payment and pay for the Stockholder's ’s Shares is subject to the terms and conditions of the Offer. The Stockholder hereby agrees to permit Parent and the Purchaser to publish and disclose in the Offer Documents the identity and ownership of the Stockholder's ’s Shares and the nature of the Stockholder's ’s commitments, arrangements and understandings under this Agreement.