Common use of Subsequent Offering Period Clause in Contracts

Subsequent Offering Period. Merger Sub may, and the Offer Documents shall reserve the right of Merger Sub to, extend the Offer for a subsequent offering period (within the meaning of Rule 14d-11 promulgated under the Exchange Act) in compliance with Rule 14d-11 promulgated under the Exchange Act and all other provisions of applicable securities laws of not less than three (3) nor more than twenty (20) business days (for this purpose calculated in accordance with Rule 14d-1(g)(3) promulgated under the Exchange Act) immediately following the Expiration Date; provided, however, that in the event that more than fifty percent (50%) but less than ninety percent (90%) of the then outstanding Shares have been validly tendered and not withdrawn pursuant to the Offer on the applicable Expiration Date, Merger Sub shall extend the Offer for a subsequent offering period (within the meaning of Rule 14d-11 promulgated under the Exchange Act) of ten (10) business days (for this purpose calculated in accordance with Rule 14d-1(g)(3) promulgated under the Exchange Act) immediately following the Expiration Date. Subject to the terms and conditions set forth in this Agreement and the Offer, Parent shall cause Merger Sub to, and Merger Sub shall, accept for payment and pay for all Shares validly tendered and not withdrawn pursuant to the Offer as so extended by such subsequent offering period as promptly as practicable after any such Shares are tendered during such subsequent offering period and in any event in compliance with Rule 14e-1(c) promulgated under the Exchange Act.

Subsequent Offering Period. Merger Sub mayIf on the date the Offer expires, the Minimum Condition has been satisfied, or with the consent of the Company, waived, and all other Offer Conditions have been satisfied or waived, and, upon the Offer Documents shall reserve acceptance of Shares validly tendered and not withdrawn pursuant to the right Offer, Parent, Purchaser and their respective affiliates would not own at least 90% of Merger Sub tothe issued and outstanding Shares, extend the Offer Purchaser may provide for a subsequent offering period (within the meaning of Rule 14d-11 promulgated under the Exchange Act) of, and in compliance with with, Rule 14d-11 promulgated under the Exchange Act and all other provisions of applicable securities laws (the “Subsequent Offering Period”) of not less than three (3) nor more than twenty (20) business days (for this purpose calculated in accordance with Rule 14d-1(g)(3) promulgated under the Exchange Act) immediately following the Expiration Date; provided, however, that in the event that more than fifty percent (50%) but less than ninety percent (90%) expiration of the then outstanding Offer. Parent and Purchaser shall cause the Offer Documents to reserve the right of Purchaser to provide for the Subsequent Offering Period. During the Subsequent Offering Period, Purchaser shall, and Parent shall cause Purchaser to, immediately accept for payment and promptly pay for all Shares have been validly as they are tendered and not withdrawn pursuant to the Offer on during the applicable Expiration Date, Merger Sub shall extend the Offer for a subsequent offering period (within the meaning of Subsequent Offering Period in accordance with Rule 14d-11 promulgated under the Exchange Act) of ten (10) business days (for this purpose calculated in accordance with Rule 14d-1(g)(3) promulgated under the Exchange Act) immediately following the Expiration Date. Subject to the terms and conditions set forth in this Agreement and the Offer, Parent shall cause Merger Sub to, and Merger Sub shall, accept for payment and pay for all Shares validly tendered and not withdrawn pursuant to the Offer as so extended by such subsequent offering period as promptly as practicable after any such Shares are tendered during such subsequent offering period Act and in any event in compliance with Rule 14e-1(c) promulgated under the Exchange Act.

Subsequent Offering Period. In the event Merger Sub does not acquire a sufficient number of shares of Common Stock to enable a Short-Form Merger to occur pursuant to Section 7.3 hereof, Merger Sub may, and the Offer Documents shall may reserve the right of Merger Sub to, extend the Offer for a subsequent offering period (within the meaning of Rule 14d-11 promulgated under the Exchange Act) in compliance with Rule 14d-11 promulgated under the Exchange Act and all other provisions of applicable securities laws of not less than three (3) nor more than twenty (20) business days Business Days (for this purpose calculated in accordance with Rule 14d-1(g)(3) promulgated under the Exchange Act) immediately following the Expiration Date; provided, however, that in the event that more than fifty percent (50%) but less than ninety percent (90%) expiration of the then outstanding Shares have been validly tendered and not withdrawn pursuant to the Offer on the applicable Expiration Date, Merger Sub shall extend the Offer for a subsequent offering period (within the meaning of Rule 14d-11 promulgated under the Exchange Act) of ten (10) business days (for this purpose calculated in accordance with Rule 14d-1(g)(3) promulgated under the Exchange Act) immediately following the Expiration DateOffer. Subject to the terms and conditions set forth in this Agreement and the Offer, Parent shall cause Merger Sub to, and Merger Sub shall, accept for payment and pay for all Shares shares of Company Common Stock validly tendered and not withdrawn pursuant to the Offer as so extended by such subsequent offering period as promptly as reasonably practicable after any such Shares shares of Company Common Stock are tendered during such subsequent offering period and in any event in compliance with Rule 14e-1(c) promulgated under the Exchange Act. In no event shall the Offer be extended to a date later than the End Date.