Tender of Shares. The Stockholder agrees to promptly (and, in any event, not later than two Business Days prior to the scheduled expiration date of the Offer) tender or cause to be tendered into the Offer, pursuant to and in accordance with the terms of the Offer, and not withdraw or cause to be withdrawn (except following the termination of the Offer in accordance with its terms), all of the Shares. The Stockholder acknowledges and agrees that Purchaser's obligation to accept for payment shares of Common Stock in the Offer, including any Shares tendered by a Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 10 contracts
Samples: Merger Agreement (Puerto Rican Cement Co Inc), Transaction Support Agreement (Cemex Sa De Cv), Transaction Support Agreement (Ferre Antonio Luis)
Tender of Shares. The Each Stockholder agrees to promptly (and, in any event, not later than two Business Days prior to the scheduled expiration date ten business days after commencement of the Offer) tender or cause to be tendered into the Offer, pursuant to and in accordance with the terms of the Offer, and not withdraw or cause to be withdrawn (except following the termination of the Offer in accordance with its terms), all of the such Stockholder’s Shares. The Each Stockholder acknowledges and agrees that Purchaser's Acquisition Sub’s obligation to accept for payment shares of Common Stock in the Offer, including any Shares tendered by a Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
Appears in 3 contracts
Samples: Tender and Voting Agreement (Borland Software Corp), Tender and Voting Agreement (Starbase Corp), Tender and Voting Agreement (Borland Software Corp)