Purchase of Shares in Offer. Merger Sub shall have accepted for payment all Shares validly tendered and not withdrawn pursuant to the Offer (including pursuant to any “subsequent offering period” provided by Merger Sub pursuant to this Agreement).
Appears in 2 contracts
Samples: Merger Agreement (Arch Coal Inc), Merger Agreement (International Coal Group, Inc.)
Purchase of Shares in Offer. Merger Sub shall have accepted for payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not withdrawn pursuant to the Offer (including provided that the purchase of Shares pursuant to any “subsequent offering period” provided by the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub fails to accept for payment and pay for Shares pursuant to the Offer in violation of the terms of this AgreementAgreement or the Offer).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gilead Sciences Inc), Merger Agreement (Pharmasset Inc)