Tender of Subject Shares. Prior to the Termination Date, Stockholder agrees to promptly (and, in any event, not later than five business days after receipt by Stockholder of all documents and instruments enabling Stockholder to do so) validly tender or cause to be validly tendered in the Offer, pursuant to and in accordance with the terms of the Offer and Rule 14d-2 under the Securities Exchange Act of 1934, all of the Subject Shares (free and clear of any encumbrances or restrictions).
Appears in 4 contracts
Samples: Stockholder Agreement (Diedrich Coffee Inc), Stockholder Agreement (Diedrich Coffee Inc), Stockholder Agreement (Peets Coffee & Tea Inc)