Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Sub, or the Merger Agreement is validly terminated prior to the Acceptance Time, Parent and Acquisition Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Acquisition Sub to return, all tendered Subject Shares to the registered holders of the Subject Shares tendered in the Offer.
Appears in 4 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (Riverbed Technology, Inc.), Tender and Support Agreement (Opnet Technologies Inc)
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Subwithdrawn, or the Merger Agreement is validly terminated prior to the Acceptance Timepurchase of the Subject Shares in the Offer or if this Agreement is otherwise terminated in accordance with the terms hereof, Parent and Acquisition Merger Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Acquisition Merger Sub to return, all tendered Subject Shares to the registered holders of the Subject Shares (and any other Shares) tendered by any Shareholder in the OfferOffer to such Shareholder.
Appears in 4 contracts
Samples: Tender and Support Agreement (Oepx, LLC), Tender and Support Agreement (X Rite Inc), Tender and Support Agreement (X Rite Inc)
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Subwithdrawn, or the Merger Agreement is validly terminated prior to the Acceptance Timepurchase of the Subject Shares in the Offer or if this Agreement is otherwise terminated in accordance with the terms hereof, Parent and Acquisition Sub Purchaser shall promptly return, and shall cause any depository depositary acting on behalf of Parent and Acquisition Sub Purchaser to return, all tendered Subject Shares to the registered holders of the Subject Shares (and any other Shares) tendered by any Stockholder in the OfferOffer to such Stockholder.
Appears in 2 contracts
Samples: Tender and Support Agreement (Raging Capital Management, LLC), Tender and Support Agreement (Microsemi Corp)
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Subwithdrawn, or the Merger Agreement is validly terminated prior to the Acceptance Timepurchase of the Subject Shares in the Offer or if this Agreement is otherwise terminated in accordance with the terms hereof, Parent and Acquisition Merger Sub shall promptly return, and shall cause any depository acting on behalf of Parent and Acquisition Merger Sub to return, all tendered Subject Shares to the registered holders of the Subject Shares (and any other Shares) tendered by any Stockholder in the OfferOffer to such Stockholder.
Appears in 1 contract
Samples: Tender and Support Agreement (Iris International Inc)
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Sub, or the Merger Agreement is validly terminated prior to the Acceptance Time, Parent and Acquisition Sub shall promptly return, and shall cause any depository the Paying Agent acting on behalf of Parent and Acquisition Sub to return, all tendered Subject Shares to the registered holders of the Subject Shares tendered in the Offer.
Appears in 1 contract
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Merger Sub, or the Merger Agreement is validly terminated prior to the Acceptance Time, Parent and Acquisition Merger Sub shall promptly return, and shall cause any depository Depositary acting on behalf of Parent and Acquisition Merger Sub to return, all tendered Subject Shares to the registered holders of the Subject Shares tendered in the Offer.
Appears in 1 contract
Samples: Tender and Support Agreement (Elevate Entertainment Inc.)
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition Subwithdrawn, or the Merger Agreement or this Agreement is validly terminated prior to the Acceptance Timepurchase of the Subject Shares in the Offer or if this Agreement is otherwise terminated in accordance with the terms hereof, Parent and Acquisition Merger Sub shall promptly (and in any event within five (5) Business Days) return, and shall cause any depository or paying agent acting on behalf of Parent and Acquisition Merger Sub to return, all tendered Subject Shares to the registered holders of the Subject Shares (and any other Shares) tendered by any Stockholder in the OfferOffer to such Stockholder.
Appears in 1 contract
Return of Subject Shares. If the Offer is terminated or withdrawn by Acquisition SubPurchaser, or the Merger Agreement is validly terminated prior to the Acceptance Purchase Time, Parent and Acquisition Sub Purchaser shall promptly return, and shall cause any depository acting on behalf of Parent and Acquisition Sub Purchaser to return, all tendered Subject Shares to the registered holders of the Subject Shares tendered in the Offer.
Appears in 1 contract
Samples: Tender and Support Agreement (Merz Holding GmbH & Co. KG)