Common use of Permitted Offers Clause in Contracts

Permitted Offers. Notwithstanding anything in this Agreement to the contrary, Section 13 shall not be applicable to a transaction described in subsections (x) and (y) of paragraph (a) of this Section 13 if: (i) such transaction is consummated with a Person or Persons who acquired shares of Common Stock pursuant to a Permitted Offer (or a wholly owned subsidiary of any such Person or Persons); (ii) the price per share of Common Stock of the Company offered in such transaction is not less than the price per Common Share of the Company paid to all holders of Common Stock of the Company whose shares were purchased pursuant to such Permitted Offer; and (iii) the form of consideration being offered to the remaining holders of Common Stock of the Company pursuant to such transaction is the same as the form of consideration paid pursuant to such Permitted Offer. Upon consummation of such transaction contemplated by this paragraph (d), all Rights hereunder shall expire.

Permitted Offers. Notwithstanding anything in this Agreement to the contrary, Section 13 shall not be applicable to a transaction described in subsections (x) and (y) of paragraph (a) of this Section 13 if: (i) such transaction is consummated with a Person or Persons who acquired shares of Common Stock Shares pursuant to a Permitted Offer (or a wholly owned subsidiary of any such Person or Persons); (ii) the price per share of Common Stock Share of the Company offered in such transaction is not less than the price per Common Share of the Company paid to all holders of Common Stock Shares of the Company whose shares were purchased pursuant to such Permitted Offer; and (iii) the form of consideration being offered to the remaining holders of Common Stock Shares of the Company pursuant to such transaction is the same as the form of consideration paid pursuant to such Permitted Offer. Upon consummation of such transaction contemplated by this paragraph (d), all Rights hereunder shall expire.

Permitted Offers. Notwithstanding anything in this Agreement to the contrary, Section SECTION 13 shall not be applicable to a transaction described in subsections (x) and (y) of paragraph (a) of this Section SECTION 13 if: (i) such transaction is consummated with a Person or Persons who acquired shares of Common Stock pursuant to a Permitted Offer (or a wholly owned subsidiary of any such Person or Persons); (ii) the price per share of Common Stock of the Company offered in such transaction is not less than the price per Common Share of the Company paid to all holders of Common Stock of the Company whose shares were purchased pursuant to such Permitted Offer; and (iii) the form of consideration being offered to the remaining holders of Common Stock of the Company pursuant to such transaction is the same as the form of consideration paid pursuant to such Permitted Offer. Upon consummation of such transaction contemplated by this paragraph (d), all Rights hereunder shall expire.

Permitted Offers. Notwithstanding anything in this Agreement to the contrary, Section SECTION 13 shall not be applicable to a transaction described in subsections (x) and (y) of paragraph (a) of this Section SECTION 13 if: (i) such transaction is consummated with a Person or Persons who acquired shares of Common Stock Shares pursuant to a Permitted Offer (or a wholly owned subsidiary of any such Person or Persons); (ii) the price per share of Common Stock Share of the Company offered in such transaction is not less than the price per Common Share of the Company paid to all holders of Common Stock Shares of the Company whose shares were purchased pursuant to such Permitted Offer; and (iii) the form of consideration being offered to the remaining holders of Common Stock Shares of the Company pursuant to such transaction is the same as the form of consideration paid pursuant to such Permitted Offer. Upon consummation of such transaction contemplated by this paragraph (d), all Rights hereunder shall expire.