Purchase of Tendered Shares. Acquisition Sub shall have accepted for payment and paid for the shares of Company Common Stock validly tendered and not withdrawn pursuant to the Offer; provided, however, that neither Parent nor Acquisition Sub shall be entitled to assert the failure of this condition if, in breach of this Agreement, Acquisition Sub fails to purchase any shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Midas Inc), Agreement and Plan of Merger (McCormick & Schmicks Seafood Restaurants Inc.)
Purchase of Tendered Shares. Acquisition Sub shall have accepted for payment and paid for the shares of Company Common Stock and the shares of Company Restricted Stock validly tendered and not withdrawn pursuant to the Offer; provided, however, that neither Parent nor Acquisition Sub shall be entitled to assert the failure of this condition if, in breach of this Agreement, Acquisition Sub fails to purchase any shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offersuch shares.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Williams Controls Inc)
Purchase of Tendered Shares. Acquisition Sub shall have accepted for payment and paid for the shares of Company Common Stock validly tendered and not withdrawn pursuant to the Offer; provided, however, that neither Parent nor Acquisition Sub shall be entitled to assert the failure of this condition if, in breach of this Agreement, Acquisition Sub fails to purchase any shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer.. ARTICLE X
Appears in 1 contract
Purchase of Tendered Shares. Acquisition Merger Sub shall have accepted for payment and paid for all of the shares of Company Common Stock validly tendered and not withdrawn pursuant to the Offer; provided, however, that neither Parent nor Acquisition Merger Sub shall be entitled to assert the failure of this condition if, in breach of this AgreementAgreement or the terms of the Offer, Acquisition Merger Sub fails to purchase any shares of Company Common Stock validly tendered and not validly withdrawn pursuant to the Offer.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Iris International Inc)
