Common use of Offeror to Make Offer Clause in Contracts

Offeror to Make Offer. The Offeror shall make or cause the Offer to be made on the terms and conditions set forth in Schedule 2.1 – Terms and Conditions of the Offer. In the event that another entity makes the Offer in accordance with terms of the Support Agreement or becomes entitled to the benefit of this Agreement by way of assignment from the Offeror of the rights and benefits of the Support Agreement, the Offeror shall cause such other entity to become a party to or to be bound by this Agreement and the Shareholder shall be deemed to have consented to such entity becoming an additional party to or be bound by this Agreement, upon which such other entity shall become entitled to exercise all of the rights of the Offeror and subject to all of the obligations of the Offeror under this Agreement, provided however that the Offeror shall continue to be jointly and severally liable for all such obligations.

Offeror to Make Offer. The Offeror shall make or cause the Offer to be made on the terms and conditions set forth in Schedule 2.1 – — Terms and Conditions of the Offer. In the event that another entity makes the Offer in accordance with terms of the Support Agreement or becomes entitled to the benefit of this Agreement by way of assignment from the Offeror of the rights and benefits of the Support Agreement, the Offeror shall cause such other entity to become a party to or to be bound by this Agreement and the Shareholder shall be deemed to have consented to such entity becoming an additional party to or be bound by this Agreement, upon which such other entity shall become entitled to exercise all of the rights of the Offeror and subject to all of the obligations of the Offeror under this Agreement, provided however that the Offeror shall continue to be jointly and severally liable for all such obligations.

Offeror to Make Offer. The Offeror agrees with each Shareholder that it shall comply with the terms of the Support Agreement and, without limiting the generality of the foregoing, the Offeror shall amend its Original Offer to make or cause the Offer to be made on the Offer for US$13.50 per Share having the terms and conditions thereto set forth in Schedule 2.1 – Terms the Support Agreement and Conditions as required by the provisions of the OfferSupport Agreement. In the event that another entity affiliated with the Offeror makes the Offer in accordance with the terms of the Support Agreement or becomes entitled to the benefit of this Agreement by way of assignment from the Offeror of the rights and benefits conditions of the Support Agreement, the Offeror shall cause such other entity to become a party to or to be bound by this Agreement and the Shareholder shall be deemed to have consented to such entity becoming an additional party to or be bound by this Agreement, upon which such other entity shall become entitled to exercise all of the rights of the Offeror and subject to all of the obligations of the Offeror under this Agreement, provided however that Agreement but the Offeror shall continue to be jointly and severally liable for all such obligations.