PRIORITY OF PURCHASES. Upon the terms and subject to the conditions of the Offer, if more than 700,000 Shares have been properly tendered at prices at or below the Purchase Price and not properly withdrawn prior to the Expiration Date, the Company will purchase properly tendered Shares on the basis set forth below:
PRIORITY OF PURCHASES. Upon the terms and subject to the conditions of the Offer, if more than 375,000 Shares (or such greater number of Shares as the Company may elect to purchase) have been validly tendered, and not withdrawn, prior to the Expiration Date, the Company will accept for payment and therefore purchase validly tendered Shares on the basis set forth below:
PRIORITY OF PURCHASES. If more than 1,500,000 shares (or a greater number of shares as the Company may elect to purchase) have been properly tendered and not properly withdrawn before the Expiration Date, the Company will purchase properly tendered shares on the basis set forth below: First, the Company will purchase all shares tendered by any Odd Lot Holder (as defined below) who tenders all shares owned beneficially or of record by the Odd Lot Holder (tenders of less than all of the shares owned by the Odd Lot Holder will not qualify for this preference) and completes the section entitled "Odd Lots" in the Letter of Transmittal and, if applicable, in the Notice of Guaranteed Delivery. Second, subject to the conditional tender provisions described in Section 6, the Company will purchase shares to total 1,500,000 (or a greater number of shares as the Company may elect to purchase) from all tendering shareholders a pro rata basis, with appropriate adjustments to avoid purchases of fractional shares.
PRIORITY OF PURCHASES. Upon the terms and conditions of our offer, if 150,000 or fewer shares are properly tendered at prices equal to or below the purchase price and not properly withdrawn, we will purchase all properly tendered shares at the purchase price. Upon the terms and conditions of our offer, if more than 150,000 shares are properly tendered at prices equal to or below the purchase price and not properly withdrawn, we will purchase properly tendered shares in the following order:
PRIORITY OF PURCHASES. Upon the terms and subject to the conditions of our offer, if 32,250 or fewer shares are properly tendered and not properly withdrawn, we will purchase all properly tendered shares at the Purchase Price. Upon the terms and subject to the conditions of our offer, if more than 32,250 shares are validly tendered and not withdrawn, we will purchase such validly tendered shares in the following order of priority: - First, we will purchase shares properly tendered and not properly withdrawn from any odd lot holder (as defined below) who tenders all the shares owned (beneficially or of record) by the odd lot holder. - Second, after the purchase of all the shares properly tendered by odd lot holders, we will purchase shares from all other stockholders who properly tender shares, on a pro rata basis with appropriate adjustment to avoid fractional shares. As a result, we will purchase the same percentage of shares tendered from each tendering stockholder in this second category. We will announce this proration percentage, if it is necessary, after our offer expires.
PRIORITY OF PURCHASES. Upon the terms and subject to the conditions of the Offer, if the number of Shares properly tendered at prices at or below the purchase price selected by us and not properly withdrawn would have a purchase price in excess of $150 million, we will purchase such Shares (or such greater number of Shares as we may elect to purchase, such additional Shares not to exceed 2% of our outstanding Shares), on the basis set forth below: -- First, upon the terms and subject to the conditions of the Offer, we will purchase all Shares tendered by any Odd Lot Holder (as defined below) who:
PRIORITY OF PURCHASES. Upon the terms and subject to the conditions of our offer, if 1,216,600 or fewer shares are properly tendered and not properly withdrawn, we will purchase all properly tendered shares at the Purchase Price. Upon the terms and subject to the conditions of our offer, if more than 1,216,600 shares are validly tendered and not withdrawn, we will purchase such validly tendered shares in the following order of priority: o First, we will purchase shares properly tendered and not properly withdrawn from any "odd lot" holder (as defined below) who o tenders all the shares owned (beneficially or of record) by the odd lot holder; and o completes thesection entitled "Odd Lots" in the letter of transmittal and, if applicable, in the notice of guaranteed delivery; and o Second, after the purchase of all the shares properly tendered by odd lot holders, subject to the conditional tender provisions described in SECTION 5, we will purchase shares from all other shareholders who properly tender shares, on a pro rata basis with appropriate adjustment to avoid fractional shares. As a result, we will purchase the same percentage of shares tendered from each tendering shareholder in this second category. We will announce this proration percentage, if it is necessary, after our offer expires. o Finally, if necessary to permit us to purchase 1,216,600 shares, shares conditionally tendered (for which the condition was not initially satisfied) and not properly withdrawn prior to the expiration date, will, to the extent feasible, be selected for purchase by random lot in accordance with SECTION 5. To be eligible for purchase by random lot shareholders whose shares are conditionally tendered must have tendered all of their shares.
