Access to Company Information. Subject to any applicable contractual confidentiality obligations (which the Company shall use its commercially reasonable efforts to cause to be waived), Company shall afford to Parent and its accountants, counsel and other representatives, reasonable access during normal business hours during the period prior to the Effective Time to (a) all of its properties, books, contracts, agreements and records, and (b) all other information concerning the business, properties and personnel (subject to restrictions imposed by applicable law) of Company as may reasonably request. No information or knowledge obtained in any investigation pursuant to this Section 5.3 shall affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (New Era of Networks Inc), Merger Agreement (New Era of Networks Inc)
Access to Company Information. Subject to any applicable contractual confidentiality obligations (which the Company shall use its commercially reasonable efforts to cause to be waived)obligations, Company shall afford to Parent and its accountants, counsel and other representatives, reasonable access (including, but not limited to, nor materially disrupting the Company's normal business operations) during normal business hours during the period prior to the Effective Time to (a) all of its properties, books, contracts, agreements and records, and (b) all other information concerning the business, properties and personnel (subject to restrictions imposed by applicable law) of Company as may reasonably request. No information or knowledge obtained in any investigation pursuant to this Section 5.3 shall affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Carrier Access Corp)
Access to Company Information. Subject to any applicable contractual ----------------------------- confidentiality obligations (which the Company shall use its commercially reasonable best efforts to cause to be waived), the Company shall afford to Parent and its accountants, counsel and other representatives, reasonable access during normal business hours during the period prior to the Effective Time to (a) all of its properties, books, contracts, agreements and records, and (b) all other information concerning the business, properties and personnel (subject to restrictions imposed by applicable law) of the Company as Parent may reasonably request. No information or knowledge obtained in any investigation pursuant to this Section 5.3 4.3 shall affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Samples: Merger Agreement (Genesys Telecommunications Laboratories Inc)
Access to Company Information. Subject to any applicable contractual confidentiality obligations (which the Company shall use its commercially reasonable best efforts to cause to be waived), Company shall afford to Parent and its accountants, counsel and other representatives, reasonable access during normal business hours during the period prior to the Effective Time to (a) all of its properties, books, contracts, agreements and records, and (b) all other information concerning the business, properties and personnel (subject to restrictions imposed by applicable law) of Company as Parent may reasonably request. No information or knowledge obtained in any investigation pursuant to this Section 5.3 shall affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Access to Company Information. Subject to any applicable contractual confidentiality obligations (which the Company shall use its commercially reasonable best efforts to cause to be waived), Company shall afford to Parent and its accountants, counsel and other representatives, reasonable access during normal business hours during the period prior to the Effective Time to (a) all of its properties, books, contracts, agreements and records, and (b) all other information concerning the business, properties and personnel (subject to restrictions imposed by applicable law) of Company as may reasonably request. No information or knowledge obtained in any investigation pursuant to this Section 5.3 shall affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Samples: Merger Agreement (Baan Co N V)