Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall mean a confidentiality agreement with terms no less favorable to the Company, and no more beneficial to the counterparty, in any substantive respect than those contained in the Confidentiality Agreement (as amended), provided that such confidentiality agreement shall not prohibit, or adversely affect the rights of the Company thereunder upon, compliance by the Company with the provisions of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Maxim Integrated Products Inc), Merger Agreement (Maxim Integrated Products Inc), Agreement and Plan of Merger (Volterra Semiconductor Corp)
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall mean a means any customary confidentiality agreement with terms that contains provisions that are no less favorable to the Company, and no more beneficial to the counterparty, in any substantive respect Company than those contained in the Confidentiality Agreement (as amended), provided that such confidentiality agreement shall not prohibit, or adversely affect the rights of the Company thereunder upon, compliance by the Company with the provisions of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Volcano Corp)
Acceptable Confidentiality Agreement. “Acceptable Confidentiality Agreement” shall mean means a confidentiality agreement between the Company and any Person with terms confidentiality provisions no less favorable in the aggregate to the Company, and no more beneficial to the counterparty, in any substantive respect Company than those contained in the Confidentiality Agreement (as amended)Agreement; provided, provided however, that such confidentiality agreement shall not prohibit, or adversely affect restrict the rights ability of the Company thereunder upon, compliance and its Representatives to disclose to Parent and its Representatives any information (including with respect to any Alternative Acquisition Proposal or Superior Proposal) required to be disclosed by the Company with the provisions of under this Agreement. For the avoidance of doubt, an Acceptable Confidentiality Agreement need not include any standstill provisions.
Appears in 1 contract
Samples: Merger Agreement (Blackboard Inc)