Common use of Purchase of Shares in Offer Clause in Contracts

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payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not validly withdrawn pursuant to the Offer (provided that the purchase of Shares pursuant to the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub fails to accept payment and pay for Shares pursuant to the Offer in violation of the terms of this Agreement).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Conmed Corp), Merger Agreement (Viking Systems Inc)

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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payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not validly withdrawn pursuant to the Offer (provided that the purchase of Shares pursuant to the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub fails shall fail to accept payment and pay for Shares pursuant to the Offer in violation of the terms of this Agreement).

Appears in 2 contracts

Samples: Merger Agreement (Lowrance Electronics Inc), Merger Agreement (Simrad Yachting As)

Purchase of Shares in Offer. Merger Sub shall have accepted for payment and purchased, or caused to be accepted paid for payment and purchased, all of the Shares validly tendered and not validly withdrawn pursuant to the Offer (and not properly withdrawn in accordance with the terms hereof and the Offer Documents, provided that the purchase of Shares pursuant to the Offer this Section 7.01(a) shall not be a condition to the obligations of Parent and Merger Sub hereunder Sub’s obligations if Merger Sub fails shall have failed to accept payment and pay for purchase such Shares pursuant to the Offer in violation of the terms of this Agreement).

Appears in 1 contract

Samples: Merger Agreement (Odyssey Re Holdings Corp)

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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payment and purchased, or caused to be accepted for payment and purchased, all Shares validly tendered and not validly withdrawn pursuant to the Offer (provided that the purchase of Shares pursuant to the Offer shall not be a condition to the obligations of Parent and Merger Sub hereunder if Merger Sub fails shall fail to accept for payment and pay for Shares pursuant to the Offer in violation of the terms of this Agreement).

Appears in 1 contract

Samples: Merger Agreement (Matrixx Initiatives Inc)

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