Common use of Purchase of Company Common Stock in the Offer Clause in Contracts

Purchase of Company Common Stock in the Offer. Merger Sub shall have previously accepted for payment all shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement). Notwithstanding anything to the contrary in this Section 7.01, none of Company, Parent or Merger Sub may rely on the failure of any condition set forth in Section 7.01 to be satisfied if such failure was proximately caused by such party's breach of any representation, warranty, covenant or agreement set forth in this Agreement.

Purchase of Company Common Stock in the Offer. Merger Sub shall have previously accepted for payment all shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement). Notwithstanding anything to the contrary in this Section 7.01, none of Company, Parent or Merger Sub may rely on the failure of any condition set forth in Section 7.01 to be satisfied if such failure was proximately caused by such party's ’s breach of any representation, warranty, covenant or agreement set forth in this Agreement.

Purchase of Company Common Stock in the Offer. Merger Sub shall have previously accepted for payment all shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement)Offer. Notwithstanding anything to the contrary in this Section 7.01, none of Company, Parent or Merger Sub may rely on the failure of any condition set forth in Section 7.01 to be satisfied if such failure was proximately caused by such party's ’s breach of any representation, warranty, covenant or agreement set forth in this Agreement.

Purchase of Company Common Stock in the Offer. Merger Sub shall have previously accepted for payment all shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement). Notwithstanding anything to the contrary in this Section 7.01; provided, none of Companyhowever, Parent or that neither Merger Sub may rely on nor Parent shall be entitled to assert the failure of any condition set forth this Section 8.1(b) if Merger Sub, in Section 7.01 to be satisfied if such failure was proximately caused by such party's breach of any representation, warranty, covenant or agreement set forth in this Agreement, fails to purchase any shares of Company Common Stock validly tendered and not properly withdrawn pursuant to the Offer.