Termination of Offer. Nothing in this Section 2.1 shall be deemed to impair, limit or otherwise restrict in any manner the right of the Company, Parent or Merger Sub to terminate this Agreement pursuant to Article IX. In the event that this Agreement is validly terminated pursuant to Article IX, Merger Sub shall (and Parent shall cause Merger Sub to) promptly (and in no event more than one Business Day after such termination), irrevocably and unconditionally terminate the Offer and shall not acquire any shares of Company Common Stock pursuant to the Offer. If the Offer is terminated in accordance with the terms of this Agreement, Merger Sub shall promptly (and in no event more than one Business Day after such termination) return, and shall cause any depository acting on behalf of Merger Sub to return, in accordance with applicable Laws, all tendered shares of Company Common Stock to the registered holders thereof.
Appears in 6 contracts
Sources: Agreement and Plan of Merger (Herc Holdings Inc), Agreement and Plan of Merger (Herc Holdings Inc), Agreement and Plan of Merger (H&E Equipment Services, Inc.)
Termination of Offer. Nothing in this Section 2.1 1.1 shall be deemed to impair, limit or otherwise restrict in any manner the right of the Company, Parent or Merger Sub to terminate this Agreement pursuant to Article ARTICLE IX. In the event that this Agreement is validly terminated pursuant to Article ARTICLE IX, Merger Sub shall (and Parent shall cause Merger Sub to) promptly (and in no event more than one (1) Business Day after such termination), irrevocably and unconditionally terminate the Offer and shall not acquire any shares of Company Common Stock Shares pursuant to the Offer. If the Offer is terminated in accordance with the terms of this Agreement, Merger Sub shall promptly (and in no event more than one (1) Business Day after such termination) return, and shall cause any depository acting on behalf of Merger Sub to return, in accordance with applicable Laws, all tendered shares of Company Common Stock Shares to the registered holders thereof.
Appears in 1 contract
Termination of Offer. Nothing in this Section 2.1 Merger Sub shall be deemed to impair, limit or otherwise restrict in any manner the right of the Company, not (and Parent or shall cause Merger Sub to not) terminate or withdraw the Offer prior to any scheduled Expiration Time (as the same may be extended as provided for in this Agreement pursuant to Article IX. In Agreement) without the prior written consent of the Company except in the event that this Agreement is validly terminated pursuant to Article IXARTICLE VIII. If the Offer is terminated or withdrawn by Merger Sub as permitted by this Agreement, or this Agreement is terminated pursuant to ARTICLE VIII, Merger Sub shall (shall, and Parent shall cause Merger Sub to) , promptly (and but in no any event not more than one (1) Business Day after such termination), (i) irrevocably and unconditionally terminate the Offer and shall not acquire any shares (ii) prior to the acceptance for payment of the Company Common Stock pursuant to tendered in the Offer. If the Offer is terminated in accordance with the terms of this Agreement, Merger Sub shall promptly (and in no event more than one Business Day after such termination) return, and shall cause any depository acting on behalf of Merger Sub to return, in accordance with applicable Laws, all tendered shares of Company Common Stock to the registered holders thereof.
Appears in 1 contract