Common use of CONDITIONS TO THE OFFER Clause in Contracts

CONDITIONS TO THE OFFER. Notwithstanding any other term of the Offer, and in addition to the Minimum Condition, Merger Sub will not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including Rule 14e-1(c) under the Exchange Act (relating to Merger Sub’s obligation to pay for or return tendered Shares after the termination or withdrawal of the Offer), to pay for any Shares tendered pursuant to the Offer, if on the date of the Expiration Time any of the following conditions has not been satisfied (or, to the extent legally permissible, waived):

CONDITIONS TO THE OFFER. Notwithstanding any other term provision of the Offer, and in addition but subject to the Minimum Conditionterms of the Merger Agreement (as defined below), Merger Sub will shall not be required pursuant to Section 2.1(e) of the Merger Agreement or otherwise to accept for payment or, subject to any applicable rules and regulations of the SEC, including Rule 14e-1(c14I(c) under the Exchange Act Act, pay for, and may delay the acceptance for payment of, or (relating subject to Merger Sub’s obligation to pay for or return any such rules and regulations) the payment for, any tendered Shares after the termination or withdrawal of the Offer), to pay for any Shares tendered pursuant to the Offer, if on the date of the Expiration Time any unless all of the following conditions has not have been satisfied (or, to the extent legally permissible, waived):satisfied:

CONDITIONS TO THE OFFER. Notwithstanding any other term of the Offer, and in addition to Offer or the Minimum ConditionMerger Agreement, Merger Sub will shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including Rule 14e-1(c) under the Exchange Act (relating to Merger Sub’s obligation to pay for or return tendered Shares promptly after the termination or withdrawal of the Offer), to pay for any Shares or Warrants tendered pursuant to the Offer and, subject to the terms of the Merger Agreement, may delay the acceptance for payment of or payment for Shares or may terminate or amend the Offer, if on the date of the Expiration Time any of the following conditions has not been satisfied (or, to the extent legally permissible, waived):if:

CONDITIONS TO THE OFFER. Notwithstanding any other term of the Offer, and in addition Offer but subject to the Minimum Conditionterms set forth in the Merger Agreement, Merger Sub will shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including Rule 14e-1(c) under the Exchange Act Rule 14e-l(c) (relating to Merger Sub’s obligation to pay for or return tendered Shares promptly after the termination or withdrawal of the Offer), to pay for any Shares tendered pursuant to the Offer, if on the date of the Expiration Time any of the following conditions has not been satisfied (or, to the extent legally permissible, waived):and only if:

CONDITIONS TO THE OFFER. Notwithstanding any other term of the Offer, and in addition to the Minimum Condition, Merger Sub will shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including Rule 14e-1(c) under the Exchange Act (relating to Merger Sub’s obligation to pay for or return tendered Shares shares of Common Stock after the termination or withdrawal of the Offer), to pay for any Shares shares of Common Stock tendered pursuant to the Offer, if on the date of the Expiration Time any of the following conditions has have not been satisfied (or, to the extent legally permissible, waived):

CONDITIONS TO THE OFFER. Notwithstanding any other term of the Offer, and in addition to Offer or the Minimum ConditionMerger Agreement, Merger Sub will shall not be required to accept for payment or, subject to any applicable rules and regulations of the SEC, including Rule 14e-1(c) under the Exchange Act (relating to Merger Sub’s obligation to pay for or return tendered Shares promptly after the termination or withdrawal of the Offer), to pay for any Shares tendered pursuant to the Offer and, subject to the terms of the Merger Agreement, may delay the acceptance for payment of or payment for Shares or may terminate or amend the Offer, if on the date of the Expiration Time any of the following conditions has not been satisfied (or, to the extent legally permissible, waived):if: