Extension of the Offer. Merger Sub shall, and Parent shall cause Merger Sub to, extend the Offer from time to time as follows: (i) if on the then scheduled Expiration Date, the Minimum Condition has not been satisfied or any of the other Offer Conditions has not been satisfied (subject to the right of Parent or Merger Sub to waive any Offer Condition (other than the Minimum Condition or the Termination Condition) to the extent permitted hereunder), then Merger Sub may, and at the request of the Company, Merger Sub shall (and Parent shall cause Merger Sub to), extend the Offer for one (1) or more occasions in consecutive increments of up to ten (10) Business Days each (or such longer period as may be agreed by the Company and Parent) in order to permit the satisfaction of such Offer Conditions (subject to the right of Parent or Merger Sub to waive any Offer Condition to the extent permitted hereunder) and (ii) Merger Sub shall (and Parent shall cause Merger Sub to) extend the Offer from time to time for any period to the minimum extent required by any Law, any interpretation or position of the SEC, the staff thereof or Nasdaq applicable to the Offer; provided, however, that in no event shall Merger Sub (A) be required to extend the Offer and the then scheduled Expiration Date beyond the earlier to occur of (the “Extension Deadline”): (I) the valid termination of this Agreement in compliance with Article 8 and (II) the first (1st) Business Day immediately following the End Date or (B) be permitted to extend the Offer beyond the Extension Deadline without the prior written consent of the Company; and (ii) Merger Sub shall extend the Offer for the minimum period required by applicable Law, interpretation or position of the SEC or its staff or Nasdaq or its staff.
Extension of the Offer. Upon the terms and subject to the conditions of the Offer, promptly following the Expiration Date, we will be required to accept for payment and pay for any Shares validly tendered and not properly withdrawn. • We may, in our discretion, extend the Offer on one or more occasions, for up to 10 business days per extension if, as of the scheduled Expiration Date, any condition to the Offer is not satisfied and has not been waived (to the extent waivable), to permit such condition to be satisfied. • We are required to extend the Offer from time to time for: (i) any period required by any legal requirement, any interpretation or position of the SEC, its staff or The NASDAQ Global Select TABLE OF CONTENTS Market (“NASDAQ”) applicable to the Offer and (ii) periods of up to 15 business days per extension, until any waiting period (and any extension thereof) applicable to the consummation of the Offer under the HSR Act and any applicable foreign antitrust or competition-related legal requirement shall have expired or been terminated. • If, as of the scheduled Expiration Date, any condition to the Offer (other than the Minimum Condition or the Termination Condition) is not satisfied and has not been waived (to the extent waivable), then, if requested by Xxxx, we must extend the Offer on one or more occasions for an additional 10 business days per extension to permit such condition to be satisfied. However, we are required to extend the Offer in this situation only if the unsatisfied condition to the Offer is capable of being satisfied by July 23, 2018, as it may be extended pursuant to the terms of the Merger Agreement (such date, the “End Date”). • If, as of the scheduled Expiration Date, all of the conditions to the Offer (other than the Minimum Condition) have been satisfied or waived (to the extent waivable), we are required to extend the Offer on one or more occasions for up to 10 business days per extension to permit the Minimum Condition to be satisfied. Unless we elect to do so, we are not required to extend the Offer in this situation on more than three occasions that provide, in the aggregate, at least an additional 30 business days to permit the Minimum Condition to be satisfied. • In no event will we be required to extend the Offer beyond the earlier of (i) the termination of the Merger Agreement in accordance with its terms and (ii) the End Date (such earlier occurrence, the “Extension Deadline”); and in no event will we be permitted to exte...
Extension of the Offer. The Parties agree that if prior to the Expiry Date Kinross becomes aware that any condition set out in Schedule A is unlikely to be satisfied or performed prior to the Expiry Date, it may, prior to the expiry of the Offer, in accordance with applicable Laws, extend the period during which Common Shares may be deposited under the Offer for one or multiple periods.
Extension of the Offer. The Offer shall be extended from time to time as follows:
(a) If as of any then-scheduled Expiration Date any of the Offer Conditions shall not have been satisfied (other than conditions which by their nature are to be satisfied at the Offer Acceptance Time), or waived by Parent or Purchaser if permitted hereunder, then Parent shall cause Purchaser to extend the Offer for one or more successive periods of not more than ten (10) Business Days each, in order to permit the satisfaction of such conditions (subject to the right of Parent or Purchaser to waive any condition (other than the Minimum Condition), if legally permissible, in accordance with this MoU); provided that any extension of the Offer does not extend past the earlier of (x) the termination of this MoU pursuant to Article IX, and (y) December 31, 2021 (the “Outside Date”); provided, further that, if as of any then-scheduled Expiration Date all of the Offer Conditions other than the conditions set forth in Section 8.2(e) (other than conditions which by their nature are to be satisfied at the Offer Acceptance Time) shall have been satisfied, or waived by Parent or Purchaser if permitted hereunder, either Parent or the Company, by written notice to the other Party, may extend the Outside Date until March 31, 2022.
(b) Parent shall cause Purchaser to extend the Offer for any period or periods required by (i) applicable Law, (ii) applicable rules, regulations, interpretations or positions of the SEC or its staff, or (iii) any of the rules and regulations, including listing standards, of NASDAQ. Parent shall cause Purchaser to not terminate the Offer prior to any scheduled Expiration Date without the prior written consent of the Company except in the event that this MoU is validly terminated pursuant to Article IX. Nothing in this Section 3.2 shall affect any of the termination rights set forth in Article IX.
Extension of the Offer. Subject to the terms of the merger agreement, we can extend the offer. We have agreed in the merger agreement that we can extend the offer without Foilmark's consent for up to 45 days if on the initial expiration date any of the conditions to our offer are not satisfied or waived. We may also extend the offer for any period required by the United States securities laws or the SEC or if the waiting period under the Xxxx-Xxxxx-Xxxxxx Act has not terminated or expired. We may, if all conditions to the offer have been satisfied or waived but the number of shares tendered in the offer is less than 90% of the fully diluted shares outstanding, provide a "subsequent offering period" for the offer. A subsequent offering period will be an additional period of time not to exceed twenty business days, beginning after we have purchased shares tendered during the offer, during which shareholders may tender, but not withdraw, their shares and receive the offer consideration. See Section 1 of this offer to purchase--"Terms of the Offer."
Extension of the Offer. Buyer may extend the offer to such other date and time as may be agreed in writing by Xxxxx, DLR and INXN, and Buyer shall extend the offer for any minimum period as required by the SEC or the NYSE rules applicable to the offer. Buyer shall also extend the offer on one or more occasions in consecutive periods of at least five business days and up to 10 business days each if, at the then-scheduled expiration time, any condition to the offer has not been satisfied or waived, in order to permit satisfaction of such condition, or for periods of up to 20 business days in case of the regulatory approval condition if such condition is not reasonably likely to be satisfied within such 10 business-day extension period. Buyer shall not be required or permitted (without consent of INXN) to extend the offer on more than three occasions if the sole remaining unsatisfied condition to the offer is the minimum condition, and Buyer shall not be required to extend the offer beyond the end date (which end date may be extended in accordance with the purchase agreement). If INXN elects to hold a subsequent EGM, then Buyer shall extend the offer until the date that is six business days after the date of the subsequent EGM. Irrespective of whether INXN holds a subsequent EGM, following the acceptance time, in the event the 80% minimum condition has been met, Buyer shall provide a subsequent offering period, in accordance with Rule 14d-11 promulgated under the Exchange Act of not less than three business days (calculated in accordance with Rule 14d-1(g)(3) under the Exchange Act). In the event that DLR or Buyer elects to reduce the minimum condition to sixty-six and two-thirds percent (66 2/3%), Buyer will provide a subsequent offering period; however, Buyer will not provide a subsequent offering period if DLR or Buyer elects to reduce the minimum condition to sixty-six and two-thirds percent (66 2/3%) at the then-scheduled expiration time, and the number of INXN shares that have been tendered in accordance with the terms of the offer, and not properly withdrawn, together with the INXN shares then owned by DLR or its affiliates, represents at least sixty-six and two-thirds percent (66 2/3%) of the outstanding INXN shares on a fully-diluted and as-converted basis; but Buyer will announce the decision to reduce the minimum condition in a manner reasonably calculated to inform INXN shareholders of the reduction and Buyer shall extend the offer for a period of five (5) business days ...
Extension of the Offer. Notwithstanding anything to the contrary contained in this Agreement, but subject to the Parties' respective termination rights under Section 10: (i) if, as of the then-scheduled Expiration Time, any Offer Condition is not satisfied and has not been waived by Merger Sub or Parent, to the extent waivable by Merger Sub or Parent, Merger Sub shall, and Parent shall cause Merger Sub to, extend the Offer for additional periods of up to ten (10) business days per extension, to permit such Offer Condition to be satisfied; and (ii) Merger Sub shall, and Parent shall cause Merger Sub to, extend the Offer from time to time for any period required by any applicable Law, any interpretation or position of the SEC, the staff thereof applicable to the Offer; provided, however, that in no event shall Merger Sub (1) be required to extend the Offer beyond the earlier to occur of (x) the valid termination of this Agreement in accordance with Section 10 and (y) July 31, 2018 (the "Extension Deadline") or (2) be permitted to extend the Offer beyond the Extension Deadline without the prior written consent of the Company.
Extension of the Offer. We expressly reserve the right, for any reason, at any time and from time to time prior to the Expiration Date, and regardless of whether any of the events set forth in “The Offer—Section 6. Conditions of the Offer” shall have occurred or are deemed by us to have occurred, to extend the period of time during which the Offer is open and thereby delay acceptance for payment of, and payment for, any Warrants. We will effect any such extension by giving notice of such extension to the Depositary and making a public announcement of the extension.
Extension of the Offer. Hydrogenics covenants and agrees that if prior to the Expiry Date it becomes aware that any condition set out in Schedule A is unlikely to be satisfied or performed prior to the Expiry Date, it may, prior to such date, in accordance with applicable Laws, extend the period during which Common Shares may be deposited under the Offer.
Extension of the Offer. The Parties acknowledge that if prior to the Expiry Date Kootenay becomes aware that any condition set out in Schedule A is unlikely to be satisfied or performed prior to the Expiry Date, it may, prior to such date, in accordance with applicable Laws, extend the period during which Common Shares may be deposited under the Offer, subject to Subsection 6.1.
