Conditions of Tender. Notwithstanding Section 1.1, each Stockholder may withdraw the tender of its Subject Shares if, at any time prior to acceptance of such tender, the Company’s Board of Directors (the “Board”) effects a Change in the Company Recommendation in accordance with Section 6.2(b) of the Merger Agreement.
Appears in 2 contracts
Sources: Tender and Support Agreement (Infocus Corp), Tender and Support Agreement (Nery Capital Partners, L.P.)