Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the Company, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer unless and until the Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) of the DGCL) by Merger Sub or by an agent of Merger Sub.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Dunkin' Brands Group, Inc.), Agreement and Plan of Merger (Medicines Co /De), Agreement and Plan of Merger (Gurnet Holding Co)
Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the Company, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer unless and until the Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) of the DGCL) by Merger Sub delivered to or by an agent on behalf of Merger Sub.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Higher One Holdings, Inc.), Agreement and Plan of Merger (Actuate Corp), Agreement and Plan of Merger (Open Text Corp)
Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the Company, any Shares or Preferred Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer (including for purposes of determining whether the Minimum Tender Condition has been satisfied) unless and until the Shares or Preferred Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) of the DGCL) by Merger Sub delivered to or by an agent on behalf of Merger Sub.
Appears in 2 contracts
Samples: Tender and Support Agreement (NCR Corp), Tender and Support Agreement (JetPay Corp)
Guaranteed Delivery. For purposes of this Agreement and the Offer, unless otherwise mutually agreed to by Parent and the Company, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer unless and until the Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) delivered to or on behalf of the DGCL) by Merger Sub or by an agent of Merger SubPurchaser.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Procera Networks, Inc.), Agreement and Plan of Merger (Procera Networks, Inc.)
Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the CompanyCompany in writing, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer unless and until the Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) of the DGCL) by delivered to Merger Sub or by to an agent of Merger Sub.
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Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the Company, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer (including for purposes of determining whether the Minimum Tender Condition has been satisfied) unless and until the Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) of the DGCL) by Merger Sub delivered to or by an agent on behalf of Merger Sub.
Appears in 1 contract
Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the Company, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer (including for purposes of determining whether the Minimum Tender Condition has been satisfied) unless and until the Shares underlying such notices of guaranteed delivery are “received” (, as defined by Section 251(h251(h)(6) of the DGCL) by Merger Sub or by an agent of Merger Sub.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Monster Worldwide, Inc.)
Guaranteed Delivery. For purposes of this Agreement and the Offer, unless mutually agreed by Parent and the Company, any Shares subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer unless and until the Shares underlying such notices of guaranteed delivery are “received” (as defined by Section 251(h) of the DGCL) by Merger Sub or by an agent of delivered to Merger Sub.
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Guaranteed Delivery. For purposes of this Agreement and the Offer, unless otherwise mutually agreed to by Parent and the Company, any Shares shares of Company Common Stock subject to notices of guaranteed delivery shall be deemed not to be validly tendered into the Offer unless and until the Shares shares of Company Common Stock underlying such notices of guaranteed delivery are “received” (”, as defined by Section 251(h251(h)(6)(f) of the DGCL) by Merger Sub or by an agent of Merger Sub.
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