Common use of Tender Offer Purchases Clause in Contracts

Tender Offer Purchases. In case any tender offer made by the Company or any of its Subsidiaries for Shares of Common Stock shall expire and such tender offer (as amended upon the expiration thereof) shall involve the payment to shareholders of aggregate consideration in an amount (determined as the sum of the aggregate amount of cash consideration and the aggregate fair market value (as determined by the Board of Directors, whose determination shall be conclusive evidence thereof and which shall be evidenced by an Officers’ Certificate delivered to the Trustee thereof) of any other consideration) expressed as an amount per Share of Common Stock validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) that exceeds the Current Market Price as of the day next succeeding the last date (the “Expiration Date”) tenders could have been made pursuant to such tender offer (as it may be amended) (the last time at which such tenders could have been made on the Expiration Date is hereinafter sometimes called the “Expiration Time”), then, immediately prior to the opening of business on the first Business Day after the Expiration Date, the Conversion Price shall be reduced by multiplying the Conversion Price in effect immediately prior to close of business on the Expiration Date by a fraction:

Tender Offer Purchases. In case any tender offer made by the Company or any of its Subsidiaries for Shares of Common Stock Beneficial Interest shall expire and such tender offer (as amended upon the expiration thereof) shall involve the payment to shareholders of aggregate consideration in an amount (determined as the sum of the aggregate amount of cash consideration and the aggregate fair market value (as determined by the Board of DirectorsTrustees, whose determination shall be conclusive evidence thereof and which shall be evidenced by an Officers’ ' Certificate delivered to the Trustee thereof) of any other consideration) expressed as an amount per Share of Common Stock Beneficial Interest validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) that exceeds the Current Market Price as of the day next succeeding the last date (the “"Expiration Date”") tenders could have been made pursuant to such tender offer (as it may be amended) (the last time at which such tenders could have been made on the Expiration Date is hereinafter sometimes called the “"Expiration Time”"), then, immediately prior to the opening of business on the first Business Day after the Expiration Date, the Conversion Price shall be reduced by multiplying the Conversion Price in effect immediately prior to close of business on the Expiration Date by a fraction: