Common use of Tender of Notes Clause in Contracts

Tender of Notes. Each of the Stockholders listed on Schedule 1(g) hereto hereby agrees that it shall tender promptly its Notes into the separate tender offers for the Notes (the "Notes Tender Offers") being made by Parent or its designee concurrently with the Offer pursuant to the Offer to Purchase and Consent Solicitation Statement dated September 28, 2001 (as amended or supplemented from time to time, the "Notes Offer to Purchase"), and in any event no later than the tenth business day following the commencement of the Notes Tender Offers pursuant to Section 1.2 of the Merger Agreement, and that such Stockholder shall not withdraw any Notes so tendered unless the Notes Tender Offers are terminated or have expired. Parent or its designee hereby agrees to purchase all the Notes so tendered at a purchase price (per $1,000 principal amount) as set forth in the Notes Offer to Purchase or any higher price that may be paid in the Notes Tender Offers; provided, however, that Parent's or its designee's obligation to accept for payment and pay for the Notes in the Notes Tender Offers is subject to all the terms and conditions of the Notes Tender Offers set forth in the Merger Agreement and Annex I thereto.

Tender of Notes. Each of the Stockholders listed on Schedule 1(g) hereto hereby agrees that it shall tender promptly its Notes into the separate tender offers for the Notes (the "Notes Tender Offers") being made by Parent or its designee concurrently with the Offer pursuant to the Offer to Purchase and Consent Solicitation Statement dated September 28January 22, 2001 2002 (as amended or supplemented from time to time, the "Notes Offer to Purchase"), and in any event no later than the tenth business day following the commencement of the Notes Tender Offers pursuant to Section 1.2 of the Merger Agreement, and that such Stockholder shall not withdraw any Notes so tendered unless the Notes Tender Offers are terminated or have expired. Parent or its designee hereby agrees to purchase all the Notes so tendered at a purchase price (per $1,000 principal amount) as set forth in the Notes Offer to Purchase or any higher price that may be paid in the Notes Tender Offers; provided, however, that Parent's or its designee's obligation to accept for payment and pay for the Notes in the Notes Tender Offers is subject to all the terms and conditions of the Notes Tender Offers set forth in the Merger Agreement and Annex I thereto.