EXHIBIT (a)(1)(C)
NOTICE OF GUARANTEED DELIVERY
FOR TENDER OF SHARES OF COMMON STOCK
of
CATAPULT COMMUNICATIONS CORPORATION
PURSUANT TO THE OFFER TO PURCHASE DATED MAY 26, 2009
by
JOSIE ACQUISITION COMPANY
a wholly owned subsidiary of
IXIA
(NOT TO BE USED FOR SIGNATURE GUARANTEES)
THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 12:00 MIDNIGHT, NEW YORK CITY TIME, AT THE END OF MONDAY, JUNE 22, 2009, UNLESS THE OFFER IS EXTENDED.
This Notice of Guaranteed Delivery, or a form substantially equivalent hereto, must be used to accept the Offer (as defined below) (i) if certificates evidencing shares (“Share Certificates”) of common stock, par value $0.001 per share (the “Shares”), of Catapult Communications Corporation, a Nevada corporation (the “Company”), are not immediately available, (ii) if the procedure for delivery by book-entry transfer cannot be completed prior to the Expiration Date (as defined under Section 1 — “Terms of the Offer” in the Offer to Purchase (as defined below)), or (iii) if time will not permit all required documents to reach the Depositary prior to the Expiration Date. This Notice of Guaranteed Delivery may be delivered by hand, transmitted by facsimile transmission or mailed to the Depositary. See Section 3 — “Procedures for Accepting the Offer and Tendering Shares” in the Offer to Purchase.
The Depositary for the Offer is:
| | | | |
By Mail or Overnight Courier: | | | | By Hand: |
| | By Facsimile Transmission: | | |
American Stock Transfer & Trust Company | | | | American Stock Transfer & Trust Company |
Operations Center | | (718) 234-5001 | | Attn: Reorganization Department |
Attn: Reorganization Department | | | | 59 Maiden Lane |
6201 15th Avenue | | | | Concourse Level |
Brooklyn, NY 11219 | | | | New York, NY 10038 |
Telephone:(877) 248-6417 or(718) 921-8317
Fax:(718) 234-5001
Delivery of this Notice of Guaranteed Delivery to an address other than as set forth above, or transmission of instructions via a facsimile transmission other than as set forth above, will not constitute a valid delivery.
This form is not to be used to guarantee signatures. If a signature on a Letter of Transmittal is required to be guaranteed by an “Eligible Institution,” such signature guarantee must appear in the applicable space provided in the signature box on the Letter of Transmittal.
The Eligible Institution that completes this form must communicate the guarantee to the Depositary and must deliver the Letter of Transmittal or an Agent’s Message (as defined in Section 3 — “Procedures for Accepting the Offer and Tendering Shares”) and Share Certificates representing the Shares to the Depositary within the time period specified herein. Failure to do so could result in financial loss to the Eligible Institution.
Ladies and Gentlemen:
The undersigned hereby tenders to Josie Acquisition Company, a Nevada corporation and a wholly owned subsidiary of Ixia, a California corporation, upon the terms and subject to the conditions set forth in the Offer to Purchase dated May 26, 2009 (the “Offer to Purchase”), and in the related Letter of Transmittal (which, together with any amendments or supplements thereto, collectively constitute the “Offer”), receipt of which is hereby acknowledged, the number of Shares specified below pursuant to the guaranteed delivery procedure set forth in Section 3 — “Procedures for Accepting the Offer and Tendering Shares” in the Offer to Purchase.
Please Type or Print
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Share Certificate Number(s) (if available): | |
Please check this box if Shares will be tendered by book-entry transfer: [ ]
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Name of Record Holder(s): | |
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GUARANTEE
(Not to be Used for Signature Guarantees)
The undersigned, a firm which is a member in the Security Transfer Agent’s Medallion Program, the New York Stock Exchange Medallion Program, the Stock Exchange Medallion Program or any other “eligible guarantor institution,” as such term is defined inRule 17Ad-15 under the Securities Exchange Act of 1934, as amended (each, an “Eligible Institution”), guarantees (i) that the above named person(s) “own(s)” the Shares tendered hereby within the meaning ofRule 14e-4 under the Exchange Act, (ii) that such tender of Shares complies withRule 14e-4 and (iii) to deliver to the Depositary, at one of its addresses set forth above, either Share Certificates evidencing the Shares tendered hereby in proper form for transfer, or confirmation of book-entry transfer of such Shares into the Depositary’s account at The Depository Trust Company, in each case with delivery of a properly completed and duly executed Letter of Transmittal (or manually signed facsimile thereof), with any required signature guarantees, or an Agent’s Message (as defined in the Offer to Purchase) in the case of a book-entry transfer, and any other required documents, all within three NASDAQ Global Select Market trading days after the Expiration Date (as defined under Section 1 — “Terms of the Offer” in the Offer to Purchase).
The Eligible Institution that completes this form must communicate the guarantee to the Depositary and must deliver the Letter of Transmittal and Share Certificates to the Depositary within the time period indicated herein. Failure to do so may result in financial loss to such Eligible Institution.
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Dated: , 2009
Note: Do not send Shares with this form; Shares should be sent with your Letter of Transmittal so that they are received by the Depositary within three New York Stock Exchange trading days after the Expiration Date (as defined under Section 1 — “Terms of the Offer” in the Offer to Purchase).
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