Common use of Tender of Subject Securities Clause in Contracts

Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder hereby agrees to tender the Subject Securities (collectively, the “Tender Shares”), or instruct such Stockholder’s broker or such other Person that is the holder of record of the Tender Shares tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days following receipt of such documents but in any event prior to the Expiration Date. If Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares on or before the Expiration Date. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder will not withdraw the Tender Shares, or cause the Tender Shares to be withdrawn, from the Offer at any time.

Appears in 2 contracts

Samples: Tender and Support Agreement (Micromet, Inc.), Tender and Support Agreement (Amgen Inc)

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Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, each Stockholder hereby agrees to tender the its Subject Securities (collectively, the “Tender Shares”), or instruct such Stockholder’s broker or such other Person that is the holder of record of the its Tender Shares tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if such Stockholder has not received the Offer Documents by such time, within two (2) business days following receipt of such documents but in any event prior to the Offer Expiration DateTime. If any Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, such Stockholder shall tender or cause to be tendered such Tender Shares on or before the Offer Expiration DateTime. Unless this Agreement shall have been terminated in accordance with its termsterms or the Offer has been terminated, has expired or has been withdrawn, no Stockholder will not withdraw the its Tender Shares, or cause the its Tender Shares to be withdrawn, from the Offer at any time.

Appears in 1 contract

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

Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder hereby agrees to tender the Subject Securities (collectively, the “Tender Shares”), or instruct cause such Stockholder’s broker or such other Person that is the holder of record of the Tender Shares to be tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day Business Day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days Business Days following receipt of such documents but in any event prior to the Expiration Date. If Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares on or before the Expiration Date. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder will not withdraw the Tender Shares, or cause the Tender Shares to be withdrawn, from the Offer at any time.

Appears in 1 contract

Samples: Tender and Support Agreement (Verenium Corp)

Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder hereby agrees to tender the Subject Securities (collectively, the “Tender Shares”), or instruct cause such Stockholder’s broker or such other Person that is the holder of record of the Tender Shares to be tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days following receipt of such documents but in any event prior to the Expiration Date. If Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares on or before the Expiration Date. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder will not withdraw the Tender Shares, or cause the Tender Shares to be withdrawn, from the Offer at any time.

Appears in 1 contract

Samples: Tender and Support Agreement (Hyperion Therapeutics Inc)

Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder hereby agrees to tender the Subject Securities (other than any Subject Securities representing Restricted Shares) (collectively, the “Tender Shares”), or instruct cause such Stockholder’s broker or such other Person that is the holder of record of the Tender Shares to be tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day Business Day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days Business Days following receipt of such documents but in any event prior to the Expiration Date. If Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares on or before the Expiration Date. If Stockholder acquires Tender Shares after the Expiration Date, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares before the expiration of any Subsequent Offer. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder will not withdraw the Tender Shares, or cause the Tender Shares to be withdrawn, from the Offer or any Subsequent Offer at any time.

Appears in 1 contract

Samples: Tender and Support Agreement (Genoptix Inc)

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Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder hereby agrees to tender the Subject Securities (collectively, the “Tender Shares”), or instruct such Stockholder’s broker or such other Person that is the holder of record of the Tender Shares tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days following receipt of such documents but in any event prior to the Offer Expiration DateTime. If Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares on or before the Offer Expiration DateTime. Unless this Agreement shall have been terminated in accordance with its termsterms or the Offer has been terminated, has expired or has been withdrawn, Stockholder will not withdraw the Tender Shares, or cause the Tender Shares to be withdrawn, from the Offer at any time.

Appears in 1 contract

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

Tender of Subject Securities. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder hereby agrees to tender the Subject Securities (collectively, the “Tender Shares”), or instruct cause such Stockholder’s broker or such other Person that is the holder of record of the Tender Shares to be tendered, into the Offer promptly following, and in any event no later than the tenth (10th) business day following the commencement (within the meaning of Rule 14d-2 under the Exchange Act) of the Offer, or if Stockholder has not received the Offer Documents by such time, within two (2) business days following receipt of such documents but in any event prior to the initial Expiration Date. If Stockholder acquires Tender Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, Stockholder shall tender or cause to be tendered such Tender Shares on or before the Expiration Date. Unless this Agreement shall have been terminated in accordance with its terms, Stockholder will not withdraw the Tender Shares, or cause the Tender Shares to be withdrawn, from the Offer at any time.

Appears in 1 contract

Samples: Tender and Support Agreement (Anadys Pharmaceuticals Inc)

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