Tender of the Shares. (a) The Shareholder hereby agrees that, unless the Offer is earlier terminated or withdrawn by Merger Sub, it shall duly tender (and deliver any certificates evidencing) the Covered Shares beneficially held by them, or cause their Covered Shares to be duly tendered, into the Offer promptly following, and in any event no later than the tenth (10th) Business Day following the commencement of the Offer, in accordance with the procedures set forth in the Offer Documents, free and clear of all Encumbrances. (b) The Shareholder agrees that once the Covered Shares are tendered into the Offer, the Shareholder shall not withdraw any Covered Shares from the Offer unless and until (i) the date that the Offer is terminated, withdrawn or expired or (ii) the termination of this Agreement or the Merger Agreement in accordance with Section 5.1.
Appears in 5 contracts
Samples: Support and Tender Agreement (Stephens Investments Holdings LLC), Merger Agreement (Bed Bath & Beyond Inc), Support and Tender Agreement (Bed Bath & Beyond Inc)