Common use of Minimum Tender Condition Clause in Contracts

Minimum Tender Condition. Company shareholders shall have validly tendered and not properly withdrawn prior to the expiration of the Offer a number of shares of Company Common Stock which, together with the shares of Company Common Stock then owned by Parent and its subsidiaries (including Merger Sub), represents at least a majority of the then outstanding shares of Company Common Stock on a fully diluted basis (which expressly includes all shares issuable pursuant to warrants, options, benefit plans, all then outstanding Company Options and Company SARs, and other securities convertible into or exercisable for Company Common Stock, whether or not then vested or exercisable) (the “Minimum Tender Condition”).

Minimum Tender Condition. Company shareholders shall have validly tendered and not properly withdrawn prior to the expiration of the Offer a number of shares of Company Common Stock which, together with the shares of Company Common Stock then owned by Parent and its subsidiaries (including Merger Sub), represents at least a majority of the then outstanding shares of Company Common Stock on a fully diluted basis (which expressly includes all shares issuable pursuant to warrants, options, benefit plans, all then outstanding Company Options and Company SARs, and other securities convertible into or exercisable for Company Common Stock, whether or not then vested or exercisable) (the “"Minimum Tender Condition”").