Common use of Tender Offers, Etc Clause in Contracts

Tender Offers, Etc. In the event that a tender offer, share exchange offer, issuer bid, take-over bid or similar transaction with respect to Parent Common Stock (an "Offer") is proposed by Parent or is proposed to Parent or its shareholders and is recommended by the board of directors of Parent, or is otherwise effected or to be effected with the consent or approval of the board of directors of Parent, and the Exchangeable Shares are not redeemed by the Company or purchased by Subco pursuant to the Redemption Call Right, Parent will use its 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 Shares to participate in such Offer to the same extent and on an equivalent basis as the holders of shares of Parent Common Stock, without discrimination. Without limiting the generality of the foregoing, Parent will use its reasonable efforts expeditiously and in good faith to ensure that holders of Exchangeable Shares may participate in all such Offers without being required to retract Exchangeable Shares as against the 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). Nothing herein shall affect or limit the rights of the Company to redeem or Subco to purchase pursuant to the Redemption Call Right, Exchangeable Shares, as applicable, in the event of an Offer or an Automatic Redemption Date.

Tender Offers, Etc. In the event that a tender cash offer, share exchange offer, issuer bid, take-over bid or similar transaction with respect to Parent Common Stock (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 of directors of Parent, the Parent or is otherwise effected or to be effected with the consent or approval of the board of directors of the Parent, and the Exchangeable Shares are not redeemed by the Company or purchased by Subco pursuant to the Redemption Call Right, Parent will use its reasonable efforts (to the extent, in the case of a Tender Offer by a third party, within its 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 Preferred Shares to participate in such Tender Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common Stock, without discrimination. Without limiting the generality of the foregoing, the Parent will use its reasonable efforts expeditiously and in good faith to ensure that holders of Exchangeable Preferred Shares may participate in all such Tender Offers without being required to retract Exchangeable Preferred Shares as against the Company 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 Tender Offer and only to the extent necessary to tender or deposit to the Tender Offer). Nothing herein shall affect or limit the rights of the Company to redeem or Subco to purchase pursuant to the Redemption Call Right, Exchangeable Shares, as applicable, in the event of an Offer or an Automatic Redemption Date.

Tender Offers, Etc. In the event that a tender cash offer, share exchange offer, issuer bid, take-over bid or similar transaction with respect to Parent Common Stock (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 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, and the Exchangeable Shares are not redeemed by the Company or purchased by Subco pursuant to the Redemption Call Right, Parent will use its reasonable efforts (to the extent, in the case of a Tender Offer by a third party, within its 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 Shares to participate in such Tender Offer to the same extent and on an economically equivalent basis as the holders of shares of Parent Common Stock, without discrimination. Without limiting the generality of the foregoing, the Parent will use its reasonable efforts expeditiously and in good faith to ensure that holders of Exchangeable Shares may participate in all such Tender Offers without being required to retract Exchangeable Shares as against the Company 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 Tender Offer and only to the extent necessary to tender or deposit to the Tender Offer). Nothing herein shall affect or limit the rights of the Company to redeem or Subco to purchase pursuant to the Redemption Call Right, Exchangeable Shares, as applicable, in the event of an Offer or an Automatic Redemption Date.