References in periodicals archive ?
Neither Open Solutions, the Dealer Manager nor the Information Agent are making any recommendation as to whether or not Notes should be tendered pursuant to the tender offer.
The Company's obligation to accept for purchase, and to pay for, Notes validly tendered and not withdrawn pursuant to the tender offer and the consent solicitation is subject to the satisfaction or waiver of certain conditions, including, among others, the satisfaction of certain conditions to the consummation of the merger under the previously announced merger agreement between Morgans Hotel Group Co.
Except in certain circumstances, Notes tendered and consents delivered may not be withdrawn or revoked after the Consent Payment Deadline.
If any of the conditions are not satisfied, Jacuzzi may terminate the tender offer and return tendered Notes, may waive unsatisfied conditions and accept for payment and purchase all validly tendered Notes that are not validly withdrawn prior to expiration, may extend the tender offer or may amend the tender offer.
NewMarket reserves the right, at any time following the Consent Payment Deadline but prior to the Expiration Date (the "Early Acceptance Time"), to accept for purchase all the Notes validly tendered prior to the Early Acceptance Time.
In accordance with the terms and conditions of the tender offer, and based on the preliminary count by American Stock Transfer & Trust Company, the depositary for the tender offer, the Company expects to accept for purchase approximately 22,418,000 of its common shares (including approximately 4,644,000 shares tendered through guaranteed delivery procedures and 90,000 shares tendered subject to conditions) at a purchase price of $35.