Common use of Tender Offers, Etc Clause in Contracts

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover bid or similar transaction with respect to the Parent Common Shares (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board of directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board of directors of the Parent, the Parent will use its best efforts expeditiously and in good faith to take all such actions and do all such things as are necessary to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Common Shares, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable efforts expeditiously and in good faith to enable holders of Exchangeable Non-Voting Shares to participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will use its best efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Common Shares, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable its best efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover bid or similar transaction with respect to the Parent Common Shares Stock (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will use its best efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable its best efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation Company (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover bid or similar transaction with respect to the Parent Common Shares Stock (each, an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Parent Board of directors of the ParentDirectors, or is otherwise effected or to be effected with the consent or approval of the board Parent Board of directors of the ParentDirectors, the Parent will use its best efforts expeditiously and in good faith use its best efforts to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable its best efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares Stock (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders stockholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will use its best all commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent will use all commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation Acquisition Sub (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent ACT Common Shares Stock (an "Offer") is proposed by the Parent ACT or is proposed to the Parent ACT or its shareholders stockholders and is recommended by the board Board of directors Directors of the Parent, ACT or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the ParentACT, the Parent ACT will use its best all commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent ACT Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent ACT will use all commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation ACTsub (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders stockholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will use its best all commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Common Shares, without discrimination. Without limiting the generality of the foregoing, the Parent will use all commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation Acquisition Sub (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares Stock (an and "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be be, effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will use its best commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares Stock (each, an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Parent Board of directors of the ParentDirectors, or is otherwise effected or to be effected with the consent or approval of the board Parent Board of directors of the ParentDirectors, the Parent will use reasonable efforts (to the extent, in the case of an offer by a third party, within its best efforts control) expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares Stock (each, an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Parent Board of directors of the ParentDirectors, or is otherwise effected or to be effected with the consent or approval of the board Parent Board of directors of the ParentDirectors, the Parent will use reasonable efforts (to the extent, in the case of an Offer by a third party, within its best efforts control) expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover bid or similar transaction with respect to the Parent Common Shares (an "“Offer"”) is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board of directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board of directors of the Parent, the Parent will use its best efforts expeditiously and in good faith to take all such actions and do all such things as are necessary to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Common Shares, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable efforts expeditiously and in good faith to enable holders of Exchangeable Non-Voting Shares to participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Applied Common Shares Stock (an "Offer") is proposed by the Parent Applied or is proposed to the Parent Applied or its shareholders stockholders and is recommended by the board Board of directors Directors of the ParentApplied, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the ParentApplied, the Parent Applied will use its best all commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Applied Common SharesStock, without discrimination. Without limiting the generality of the foregoing, the Parent Applied will use all commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender cash offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares (an each, a "Tender Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Parent Board of directors of the ParentDirectors, or is otherwise effected or to be effected with the consent or approval of the board Parent Board of directors of the ParentDirectors, the Parent will use reasonable efforts (to the extent, in the case of a Tender Offer by a third party, within its best efforts control) expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Tender Offer to the same extent and on an economically equivalent basis as the holders of Parent Common Shares, without discrimination. Without limiting , provided that if the generality of the foregoing, the Parent will use commercially reasonable efforts expeditiously and in good faith to enable holders of Exchangeable Non-Voting Shares wish to participate in all any such Offers without being required to Tender Offer such holder shall retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such Company. Such retraction shall be effective only upon, conditional upon and shall be conditional uponoccur simultaneously with, the closing of the Offer and only to the extent necessary to tender or deposit to the such Tender Offer).

Tender Offers, Etc. In the event that a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent PASW Common Shares (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will shall use its best all commercially reasonable efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent PASW Common Shares, without discrimination. Without limiting the generality of the foregoing, the Parent will use all commercially reasonable efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).

Tender Offers, Etc. In the event that If a merger, consolidation, tender offer, share exchange offer, issuer bid, takeover take-over bid or similar transaction with respect to the Parent Common Shares (an "Offer") is proposed by the Parent or is proposed to the Parent or its shareholders and is recommended by the board Board of directors Directors of the Parent, or is otherwise effected or to be effected with the consent or approval of the board Board of directors Directors of the Parent, the Parent will use its best efforts expeditiously and in good faith to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Non-Voting Shares to participate in such Offer to the same extent and on an economically equivalent basis as the holders of Parent Common Shares, without discrimination. Without limiting the generality of the foregoing, the Parent will use commercially reasonable its best efforts expeditiously and in good faith to enable ensure that holders of Exchangeable Non-Voting Shares to may participate in all such Offers without being required to retract Exchangeable Non-Voting Shares as against the Corporation (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Offer and only to the extent necessary to tender or deposit to the Offer).