Common use of Return of Subject Securities Clause in Contracts

Return of Subject Securities. If the Offer is terminated or withdrawn by Purchaser, or the Merger Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by Stockholder in the Offer to Stockholder.

Appears in 5 contracts

Samples: Tender and Support Agreement (Volt Information Sciences, Inc.), Tender and Support Agreement (Verenium Corp), Tender and Support Agreement (Micromet, Inc.)

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Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Purchaser, Purchaser or the Merger (b) this Agreement is terminated prior to the purchase of the Subject Securities in the OfferOffer or is otherwise terminated in accordance with its terms, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by Stockholder in the Offer to Stockholder.

Appears in 3 contracts

Samples: Tender and Support Agreement (Cott Corp /Cn/), Agreement and Plan of Merger (Primo Water Corp), Agreement and Plan of Merger (Cott Corp /Cn/)

Return of Subject Securities. If the Offer is terminated or withdrawn by PurchaserParent or Merger Sub, or the Merger Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser Merger Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser Merger Sub to return, all Subject Securities tendered by Stockholder in the Offer to Stockholder.

Appears in 3 contracts

Samples: Tender and Support Agreement (Levra Craig L), Tender and Support Agreement (Levra Craig L), Tender and Support Agreement (Levra Craig L)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Purchaser, or (b) the Merger Agreement is terminated prior to the purchase of the Subject Securities Tender Shares in the OfferOffer or (c) Stockholder desires to withdraw any Shares previously tendered in accordance with the terms of Section 3.1, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities (or in the case of the preceding clause (c), any such portion) of the Tender Shares tendered by Stockholder in the Offer to Stockholder.

Appears in 2 contracts

Samples: Tender and Support Agreement (Sientra, Inc.), Tender and Support Agreement (Miramar Labs, Inc.)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Purchaser, Parent and Acquisition Sub or the Merger (b) this Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser Acquisition Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser Acquisition Sub to return, all Subject Securities tendered by such Stockholder in the Offer to such Stockholder.

Appears in 2 contracts

Samples: Tender and Support Agreement (Pfenex Inc.), Tender and Support Agreement (Jive Software, Inc.)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Parent or Purchaser, or (b) the Merger Agreement is terminated Expiration Date occurs prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser shall promptly return, and shall or cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by Stockholder in the Offer to Stockholder.

Appears in 2 contracts

Samples: Tender and Support Agreement (Viela Bio, Inc.), Tender and Support Agreement (Horizon Therapeutics Public LTD Co)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Purchaser, Merger Sub or (b) the Merger Agreement is terminated prior to the purchase of the Subject Securities Tender Shares in the Offer, Parent and Purchaser Merger Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser Merger Sub to return, all Subject Securities Tender Shares tendered by Stockholder in the Offer to Stockholder.

Appears in 2 contracts

Samples: Tender and Support Agreement (Raptor Pharmaceutical Corp), Tender and Support Agreement (Horizon Pharma PLC)

Return of Subject Securities. If the Offer is terminated or withdrawn by PurchaserSub, or the Merger Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser Sub to return, all Subject Securities tendered by Stockholder in the Offer to Stockholder.

Appears in 1 contract

Samples: Tender and Support Agreement (Dialogic Inc.)

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Return of Subject Securities. If the Offer or any Subsequent Offer is terminated or withdrawn by Purchaser, or the Merger Agreement is terminated prior to the purchase of the Subject Securities in the Offer or such Subsequent Offer, as applicable, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by Stockholder in the Offer or such Subsequent Offer, as applicable, to Stockholder.

Appears in 1 contract

Samples: Tender and Support Agreement (Genoptix Inc)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Parent or Purchaser, or (b) the Merger Agreement is terminated Expiration Date occurs prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser shall promptly return, and shall cause direct any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by Stockholder in the Offer Tender Shares to Stockholder.

Appears in 1 contract

Samples: Tender and Support Agreement (Pacira BioSciences, Inc.)

Return of Subject Securities. If the Offer is terminated or withdrawn by Purchaser, or the Merger Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by each Stockholder in the Offer to such Stockholder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Volt Information Sciences, Inc.)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Purchaser, Parent and Purchaser or the Merger (b) this Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by such Stockholder in the Offer to such Stockholder.

Appears in 1 contract

Samples: Tender and Support Agreement (Satsuma Pharmaceuticals, Inc.)

Return of Subject Securities. If (a) the Offer is terminated or withdrawn by Purchaser, Purchaser or (b) the Merger Agreement is terminated prior to the purchase of the Subject Securities in the Offer, Parent and Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Purchaser to return, all Subject Securities tendered by Stockholder in the Offer to Stockholder.

Appears in 1 contract

Samples: Tender and Support Agreement (Hyperion Therapeutics Inc)

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