Conditional Obligation. The Stockholder acknowledges and agrees that Merger Sub’s obligation to accept for payment of shares of Company C-1 Preferred Stock tendered into the Offer, including any shares of Company C-1 Preferred Stock tendered by the Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
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Sources: Merger Agreement (VirtualScopics, Inc.), Tender and Support Agreement (BioTelemetry, Inc.)
Conditional Obligation. The Stockholder acknowledges and agrees that Merger Sub’s obligation to accept for payment of shares of Company C-1 Preferred the Common Stock tendered into the Offer, including any shares of Company C-1 Preferred Stock the Shares tendered by the Stockholder, is subject to the terms and conditions of the Merger Agreement and the Offer.
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