Fort Xxxxx Tender definition

Fort Xxxxx Tender means the valid tender in accordance with the terms of ----------------- the Offer (as defined in the Merger Agreement), before the expiration date of the Offer and not withdrawn, of a number of shares of the Company's Common Stock (as defined in the Merger Agreement) that, together with the shares of the Company's Common Stock then owned by the Company and/or the Offeror, represents at least two-thirds of the shares of the Company's Common Stock outstanding on a fully-diluted basis, subject to the conditions set forth in Annex I to the Merger Agreement and the other terms and conditions thereof.
Sample 1Sample 2Sample 3

Related to Fort Xxxxx Tender

  • Sxxxxxxx-Xxxxx Certification As defined in Section 11.09.

  • Appendix to Tender means the appendix comprised in the form of Tender annexed to these Conditions.

  • Xxxxxxxx-Xxxxx Certification As defined in Section 11.05.

  • Legal tender means a medium of exchange, including specie, that is authorized by the United States Constitution or Congress for the payment of debts, public charges, taxes and dues.

  • Optional Tender means any tender of VRDP Shares by a Beneficial Owner or its Agent Member to the Tender and Paying Agent, other than a Mandatory Tender, for Remarketing or, in the event (i) no Remarketing occurs on or before the Purchase Date, or (ii) pursuant to an attempted Remarketing, VRDP Shares remain unsold and the Remarketing Agent does not purchase for its own account the unsold VRDP Shares tendered to the Tender and Paying Agent for Remarketing (provided that the Remarketing Agent may seek to sell such VRDP Shares in a subsequent Remarketing prior to the Purchase Date), for purchase by the Liquidity Provider pursuant to Section 2 of Part II of the Articles Supplementary and this Agreement.

  • Xxxx-Xxxxx-Xxxxxx Act means the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended.

  • XX Xxxxx “Xxx Xxxxxxx”

  • X.X. Xxxxxx shall have the meaning set forth in the preamble.

  • Duff & Xxxxxx means Duff & Xxxxxx Credit Rating Co.

  • Sxxxxxxx-Xxxxx Act means the Sxxxxxxx-Xxxxx Act of 2002, as amended.

  • U.S. Legal Tender means such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts.

  • Notice of Tender means, in connection with an Optional Tender, a notice, substantially in the form attached to the Tender and Paying Agent Agreement as Exhibit A, delivered by a Beneficial Owner or its Agent Member to the Tender and Paying Agent indicating an intention to tender VRDP Shares for sale on a Purchase Date pursuant to Section 1 of Part II of the Statement.

  • Sxxxxxxx-Xxxxx means the Sxxxxxxx-Xxxxx Act of 2002.

  • Xxxx Xxxxxx “Xxx Xxxx”