Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, Shares pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Emulex Corp /De/), Merger Agreement (Emulex Corp /De/), Merger Agreement (Vixel Corp)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, all Shares properly tendered pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger even if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Openwave Systems Inc), Merger Agreement (Genzyme Corp), Merger Agreement (Signalsoft Corp)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, the Shares pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (North Face Inc), Merger Agreement (Sequoia Acquisition Inc)
Purchase of Shares in Offer. The Purchaser shall have purchased, --------------------------- or caused to be purchased, the Shares pursuant to the Offer; provided, however, that -------- this condition shall be deemed to have been satisfied with respect to the obligation of Parent and the Purchaser to effect the Merger if the Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.; and
Appears in 2 contracts
Samples: Merger Agreement (State of the Art Inc /Ca), Merger Agreement (Rose Acquisition Corp)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, all Shares pursuant to validly tendered in the OfferOffer and not withdrawn; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent Yahoo! and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Launch Media Inc), Merger Agreement (Launch Media Inc)
Purchase of Shares in Offer. The Purchaser shall have purchased, or caused to be purchased, the Shares pursuant to the Offer; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and the Purchaser to effect the Merger if the Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.; and
Appears in 2 contracts
Samples: Merger Agreement (Best Software Inc), Merger Agreement (Sage Group PLC)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, all Shares pursuant to validly tendered in the OfferOffer and not withdrawn; provided, however, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.condition
Appears in 2 contracts
Samples: Merger Agreement (Yahoo Inc), Merger Agreement (Yahoo Inc)
Purchase of Shares in Offer. The Purchaser shall have purchased, --------------------------- or caused to be purchased, Shares pursuant to the Offer; provided, however, that -------- ------- this condition shall be deemed to have been satisfied with respect to the obligation of Parent and the Purchaser to effect the Merger if the Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.; and
Appears in 2 contracts
Samples: Merger Agreement (Cendant Corp), Merger Agreement (Cheap Tickets Inc)
Purchase of Shares in Offer. Purchaser shall have purchased, or caused to be purchased, Shares pursuant to the Offer; providedPROVIDED, howeverHOWEVER, that this condition shall be deemed to have been satisfied with respect to the obligation of Parent and Purchaser to effect the Merger if Purchaser fails to accept for payment or pay for Shares validly tendered pursuant to the Offer in violation of the terms of the Offer or of this Agreement.; and
Appears in 1 contract
Samples: Merger Agreement (Cendant Corp)
