Common use of Tender of the Shares Clause in Contracts

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the Stockholder hereby agrees that he shall (i) take all steps necessary to tender his Shares, or cause his Shares to be tendered, into the Offer promptly following, and in any event no later than the third (3rd) business day prior to the Initial Expiration Date, or if the 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 date of expiration of the Offer, free and clear of all Encumbrances and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any time. (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger Agreement is terminated prior to the exchange of Shares in the Offer, the Purchaser shall promptly return, and shall cause any depository or exchange acting on behalf of the Purchaser promptly to return all tendered Shares to the registered holders thereof.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the Stockholder hereby agrees that he that, unless this Agreement is earlier terminated pursuant to Section 7 hereof, Stockholder shall (i) take all steps necessary to duly tender his Shares, the Shares or cause his the Shares to be tendered, into duly tendered to Merger Sub pursuant to the Offer promptly followingfollowing the commencement of the Offer pursuant to Section 1.01 of the Merger Agreement, and in any event no later than the third tenth (3rd10th) business day prior Business Day following such commencement (or in the case of any Shares directly or indirectly acquired subsequent to the Initial Expiration Datesuch tenth (10th) Business Day, or if the Stockholder has not received the Offer Documents by such time, within no later than two (2) business days following receipt of Business Days after such documents but in any event prior to the date of expiration of the Offeracquisition), free and clear of all Encumbrances and Liens (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at other than any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any timePermitted Liens). (b) If Stockholder hereby agrees that once the Shares are tendered into the Offer, Stockholder will not withdraw any Shares from the Offer unless and until this Agreement is terminated or withdrawn by the Purchaser, or the Merger in accordance with Section 7 hereof. (c) If this Agreement is terminated prior to the exchange purchase of the Shares in the Offer, the Purchaser Parent and Merger Sub shall promptly (and in any event no later than the fifth (5th) Business Day) return, and shall cause any depository or exchange paying agent acting on behalf of the Purchaser promptly Parent and Merger Sub, to return all any tendered Shares to the registered holders thereofStockholder.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the Stockholder Securityholder hereby agrees that he it shall (i) take all steps necessary to tender his (and deliver any certificates evidencing) its Shares, or cause his its Shares to be tendered, into the Offer promptly followingfollowing the commencement of the Offer, and in any event no later than the third (3rd) tenth business day prior to the Initial Expiration Date, or if the Stockholder Securityholder 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 date of expiration of the OfferExpiration Date, free and clear of all Encumbrances and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any timetime (except following the termination or expiration of the Offer without Purchaser purchasing all shares of Common Stock tendered pursuant to the Offer in accordance with its terms). If the Stockholder Securityholder acquires Ownership of Shares after the date hereof, the Stockholder Securityholder shall (i) tender or cause to be tendered such Shares on or before such the tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer Expiration Date and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any timetime (except following the termination or expiration of the Offer without Purchaser purchasing all shares of Common Stock tendered pursuant to the Offer in accordance with its terms). (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger Agreement is terminated prior to the exchange purchase of the Securityholder’s Shares in the Offer, the Parent and Purchaser shall promptly return, and shall cause any depository or exchange acting on behalf of the Parent and Purchaser promptly to return all tendered Shares to the registered holders thereofSecurityholder all Shares tendered by the Securityholder in the Offer.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the each Stockholder hereby agrees that he it shall (i) take all steps necessary to tender his (and deliver any certificates evidencing) its Shares, or cause his its Shares to be tendered, into the Offer promptly following, and in any event no later than the third (3rd) business day prior to the Initial initial Expiration Date, or if the 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 date of expiration of the Offer, free and clear of all Encumbrances and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any time. (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger Agreement is terminated prior to the exchange purchase of Shares in the Offer, the Parent and Purchaser shall promptly return, and shall cause any depository or exchange acting on behalf of the Parent and Purchaser promptly to return all tendered Shares to the registered holders thereofof the Shares tendered in the Offer.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, On the terms and subject to Section 4the conditions of this Agreement, the Stockholder hereby agrees that he it shall tender (iand deliver any certificates evidencing) take all steps necessary to tender his its Covered Shares, or cause his its Covered Shares to be tendered, into the Offer promptly following, and in any event no later than the third (3rd) business day prior to the Initial Expiration Date, or if the 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 date of expiration of the Offer, free and clear of all Encumbrances Liens other than restrictions on Transfer or voting as created by this Agreement or under applicable securities Laws, (i) in the case of Owned Shares that are Covered Shares within 15 Business Days following the commencement of the Offer; and (ii) in the case of Additional Owned Shares that are Covered Shares within five Business Days following acquisition thereof; and in any event for the Covered Shares, no later than the Initial Expiration Date or, if the Offer is extended, no later than the applicable Expiration Date with respect to any Additional Owned Shares that are Covered Shares acquired after the Initial Expiration Date. Stockholder agrees that it will not withdraw his the Covered Shares, or cause his the Covered Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but unless and until this Agreement is validly terminated in any event prior to the date of expiration of the Offer and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any timeaccordance with Section 9. (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger this Agreement is terminated prior to the exchange of Shares in the Offeraccordance with Section 9, the Purchaser then Merger Sub shall promptly return, and shall cause any depository or exchange depositary acting on behalf of Merger Sub to return, all of the Purchaser promptly Covered Shares tendered by Stockholder in the Offer to return all tendered Shares to Stockholder (in any event no later than five Business Days after the registered holders thereoftermination of this Agreement).

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the Stockholder Shareholder hereby agrees that he it shall tender (iand deliver any certificates evidencing) take all steps necessary to tender his its Covered Shares that are Shares or Company Restricted Shares, or cause his its Covered Shares that are Shares or Company Restricted Shares to be tendered, into the Offer (x) in the case of Owned Shares, promptly following, and in any event no later than ten Business Days following the third commencement of the Offer, and (3rdy) business day prior to in the Initial Expiration Datecase of Additional Owned Shares, or promptly after such Shares were obtained but, in each case, if the Stockholder Shareholder has not received the Offer Documents by such time, within two (2) business days five Business Days following receipt of such documents documents, but in any event prior to the date of expiration of the OfferExpiration Date, free and clear of all Encumbrances and (ii) Liens. Subject to Section 8 hereof, Shareholder agrees that it will not withdraw his such Covered Shares, or cause his Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his Shares, or cause his Covered Shares to be withdrawn, from the Offer at any time. (b) If the Offer is terminated or withdrawn by the PurchaserBuyer, this Agreement is terminated pursuant to Section 8 or the Merger Purchase Agreement is terminated prior to the exchange purchase of the Covered Shares in the Offer, the Purchaser Parent and Buyer shall promptly return, and shall cause any depository or exchange acting on behalf of Parent and Buyer to return, all the Purchaser promptly Covered Shares tendered by Shareholder in the Offer to return all tendered Shares to the registered holders thereofShareholder.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the Stockholder hereby agrees that he shall (i) take all steps necessary to tender (and deliver any certificates evidencing) his Shares, or cause his Shares to be tendered, into the Offer promptly followingfollowing the commencement of the Offer, and in any event no later than the third (3rd) business day prior to the Initial Expiration Date, or if the 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 date of expiration of the Offer, free and clear of all Encumbrances and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any time. If Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, if the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) the third business day following prior to the commencement of the Offer, Initial Expiration Date or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any time. (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger Agreement is terminated prior to the exchange purchase of Shares in the Offer, the Parent and Purchaser shall promptly return, and shall cause any depository or exchange acting on behalf of the Parent and Purchaser promptly to return all tendered Shares to the registered holders thereofof the Shares tendered in the Offer.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the each Stockholder hereby agrees that he it shall (i) take all steps necessary to tender his (and deliver any certificates evidencing) its Shares, or cause his its Shares to be tendered, into the Offer promptly following, and in any event no later than the third (3rd) business day prior to the Initial Expiration Date, or if the 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 date of expiration of the Offer, free and clear of all Encumbrances and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any time. (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger Agreement is terminated prior to the exchange purchase of Shares in the Offer, the Parent and Purchaser shall promptly return, and shall cause any depository or exchange acting on behalf of the Parent and Purchaser promptly to return all tendered Shares to the registered holders thereofof the Shares tendered in the Offer.

Tender of the Shares. (a) Unless Subject to the terms of this Agreement shall have been terminated in accordance with its termsAgreement, and subject to Section 4, the Stockholder hereby agrees that he it shall tender (iand deliver any certificates evidencing) take all steps necessary to tender his its Covered Shares, or cause his its Covered Shares to be tendered, into the Offer promptly followingOffer, free and clear of all Liens other than restrictions on Transfer or voting as created by this Agreement or under applicable securities Laws, promptly, and in any event no later than the third latest of (3rd) business day prior to the Initial Expiration Date, or if the 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 date of expiration Expiration Date): (i) ten Business Days following the commencement of the Offer, free and clear of all Encumbrances and ; (ii) within three Business Days following receipt of the Offer Documents by the Stockholder and (iii) in the case of Additional Owned Shares, within three Business Days following acquisition thereof. Stockholder agrees that it will not withdraw his the Covered Shares, or cause his the Covered Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but unless and until this Agreement is terminated in any event prior to the date of expiration of the Offer and (ii) not withdraw his Shares, or cause his Shares to be withdrawn, from the Offer at any timeaccordance with Section 8. (b) If (i) the Offer is terminated or withdrawn by the PurchaserMerger Sub, or (ii) the Merger Agreement is terminated prior to the exchange acceptance for payment of the Covered Shares in the OfferOffer or (iii) this Agreement is terminated in accordance with Section 8, the Purchaser then in each case Merger Sub shall promptly return, and shall cause any depository or exchange depositary acting on behalf of Merger Sub to return, all the Purchaser promptly Covered Shares tendered by Stockholder in the Offer to return all tendered Shares to the registered holders thereofStockholder.

Tender of the Shares. (a) Unless this Agreement shall have been terminated in accordance with its terms, and subject to Section 4, the Stockholder hereby agrees that he it shall (i) take all steps necessary to tender his (and deliver any certificates evidencing) its Shares, or cause his its Shares to be tendered, into the Offer promptly following, and in any event no later than the third (3rd) tenth business day prior to the Initial Expiration Date, or if the 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 date of expiration of the Offer, free and clear of all Encumbrances and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any time. If the Stockholder acquires Shares after the date hereof, the Stockholder shall (i) tender or cause to be tendered such Shares on or before such the tenth (10th) business day following the commencement of the Offer, or, if later, on or before the second (2nd) business day after such acquisition but in any event prior to the date of expiration of the Offer and (ii) not withdraw his its Shares, or cause his its Shares to be withdrawn, from the Offer at any time. (b) If the Offer is terminated or withdrawn by the Purchaser, or the Merger Agreement is terminated prior to the exchange purchase of Shares in the Offer, the Parent and Purchaser shall promptly return, and shall cause any depository or exchange acting on behalf of the Parent and Purchaser promptly to return all tendered Shares to the registered holders thereofof the Shares tendered in the Offer.