Common use of Tender of the Covered Shares Clause in Contracts

Tender of the Covered Shares. Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 5, each Shareholder hereby agrees that it shall (i) tender its Covered Shares or cause to be tendered (and deliver any certificates evidencing such Covered Shares or an appropriate affidavit of lost certificate with respect thereto to the extent any of such certificates have been lost, misplaced or destroyed), into the Offer promptly following the date the Offer is commenced, and in any event no later than five (5) Business Days prior to the Initial Expiration Date of the Offer, free and clear of all Encumbrances and (ii) not withdraw or cause to be withdrawn, its Covered Shares from the Offer at any time. If a Shareholder acquires Covered Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, such Shareholder shall (A) tender, or cause to be tendered, such Covered Shares into the Offer on or before the fifth (5th) Business Day prior to the Initial Expiration Date or, if later, on or before the second (2nd) Business Day after such acquisition but in any event prior to the Expiration Date, and (B) not withdraw, or cause to be withdrawn, such Covered Shares from the Offer at any time.

Tender of the Covered Shares. Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 5, each Shareholder Stockholder hereby agrees that it shall (i) tender its Covered Shares or cause to be tendered (and deliver any certificates evidencing such Covered Shares or an appropriate affidavit of lost certificate with respect thereto to the extent any of such certificates have been lost, misplaced or destroyed), into the Offer promptly following the date the Offer is commenced, and in any event no later than five (5) Business Days prior to the Initial Expiration Date of the Offer, free and clear of all Encumbrances and (ii) not withdraw or cause to be withdrawn, its Covered Shares from the Offer at any time. If a Shareholder Stockholder acquires Covered Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, such Shareholder Stockholder shall (A) tender, or cause to be tendered, such Covered Shares into the Offer on or before the fifth (5th) Business Day prior to the Initial Expiration Date or, if later, on or before the second (2nd) Business Day after such acquisition but in any event prior to the Expiration Date, and (B) not withdraw, or cause to be withdrawn, such Covered Shares from the Offer at any time.

Tender of the Covered Shares. Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 5, each Shareholder Each Stockholder hereby agrees that it shall (ia) tender its Covered Shares or cause to be tendered (and deliver any certificates evidencing such Covered Shares or an appropriate affidavit of lost certificate with respect thereto to the extent any of such certificates have been lost, misplaced or destroyed), into the Offer promptly following the date the Offer is commenced, and in any event no later than five ten (510) Business Days prior to business days after the Initial Expiration Date commencement of the Offer, free and clear of all Encumbrances, except for restrictions on transfer under the Securities Act or Encumbrances arising hereunder, and (iib) not withdraw or cause to be withdrawn, its Covered Shares from the Offer at any time. If a Shareholder Stockholder acquires Covered Shares after the date hereof, unless this Agreement shall have been terminated in accordance with its terms, such Shareholder Stockholder shall (Ai) tender, or cause to be tendered, such Covered Shares into the Offer on or before the fifth (5th) Business Day business day prior to the Initial Expiration Date expiration of the Offer or, if later, on or before the second (2nd) Business Day business day after such acquisition but in any event prior to the Expiration Dateexpiration of the Offer, and (Bii) not withdraw, or cause to be withdrawn, such Covered Shares from the Offer at any time. Notwithstanding anything in this Agreement to the contrary, nothing herein shall require the Stockholder to exercise any warrants, options, convertible securities or other rights to purchase securities of the Company.