Common use of Release and Delivery Clause in Contracts

Release and Delivery. The Applicable Shares shall be released and delivered during the term hereof at any time or from time to time, (i) to Purchaser in connection with the purchase of such Shares pursuant to this Agreement or the Offer and (ii) unless otherwise distributed to Purchaser, to Shareholder on the Termination Date. All Applicable Shares tendered in the Offer and withdrawn or not purchased in the Offer prior to the Termination Date shall be returned to the Escrow Agent.

Appears in 2 contracts

Samples: Shareholder Agreement (BMC Software Inc), Shareholder Agreement (BMC Software Inc)

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Release and Delivery. The Applicable Shares shall be released and delivered during the term hereof at any time or from time to time, (i) to Purchaser in connection with the purchase of such Shares pursuant to this Agreement or the Offer and (ii) unless otherwise distributed to Purchaser, to Shareholder Group on the Termination Date. All Applicable Shares tendered in the Offer and withdrawn or not purchased in the Offer prior to the Termination Date shall be returned to the Escrow Agent.

Appears in 2 contracts

Samples: Shareholder Agreement (BMC Software Inc), Shareholder Agreement (BMC Software Inc)

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