Purchase of Company Common Stock in the Offer. Sub shall have previously accepted for payment and paid for shares of Company Common Stock validly tendered and not withdrawn pursuant to the Offer. ARTICLE VIII
Appears in 2 contracts
Samples: Merger Agreement (Kosan Biosciences Inc), Merger Agreement (Bristol Myers Squibb Co)
Purchase of Company Common Stock in the Offer. Sub shall have previously accepted for payment and paid for all shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer. ARTICLE VIII.
Appears in 2 contracts
Samples: Merger Agreement (Smith & Nephew PLC), Merger Agreement (Osiris Therapeutics, Inc.)