Common use of Acquisition Transactions Clause in Contracts

Acquisition Transactions. In addition to any other restrictions ------------------------ or covenants, Issuer hereby agrees that, in the event that Grantee delivers a Repurchase Notice, it shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entity, the sale of all or substantially all of the assets of Issuer or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing Issuer's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(c), Grantee may require such other party or parties to perform Issuer's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer under Section 9(c).

Appears in 3 contracts

Samples: Stock Option Agreement (Rental Service Corp), Stock Option Agreement (Nationsrent Inc), Stock Option Agreement (Nationsrent Inc)

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Acquisition Transactions. In addition to any other restrictions ------------------------ or covenants, Issuer hereby agrees that, in the event that Grantee a Holder delivers a Repurchase Notice, it Issuer shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entity, the sale of all or substantially all of the assets of Issuer or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing Issuer's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(c), Grantee a Holder may require such other party or parties to perform Issuer's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer under Section 9(c).

Appears in 3 contracts

Samples: Stock Option Agreement (Ing Groep Nv), Stock Option Agreement (Union Carbide Corp /New/), Stock Option Agreement (Reliastar Financial Corp)

Acquisition Transactions. In addition to any other restrictions ------------------------ or covenants, Issuer hereby Grantor agrees that, in the event that Grantee a Holder delivers a Repurchase Notice, it Grantor shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entity, the sale of all or substantially all of the assets of Issuer Grantor or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing IssuerGrantor's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(c), Grantee a Holder may require such other party or parties to perform IssuerGrantor's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer Grantor under Section 9(c).

Appears in 2 contracts

Samples: Stock Option Agreement (Capital Re Corp), Agreement and Plan of Merger (Capital Re Corp)

Acquisition Transactions. In addition to any other restrictions ------------------------ or covenants, Issuer hereby agrees that, in the event that Grantee delivers a Repurchase Notice, it shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entityPerson, the sale of all or substantially all of the assets of Issuer or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing Issuer's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(c), Grantee may require such other party or parties to perform Issuer's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer under Section 9(c).

Appears in 2 contracts

Samples: Stock Option Agreement (Bp Amoco PLC), Stock Option Agreement (Atlantic Richfield Co /De)

Acquisition Transactions. In addition to any other restrictions ------------------------ or covenants, Issuer hereby agrees that, in the event that Grantee a Holder delivers a Repurchase Noticerepurchase notice, it Issuer shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entity, the sale of all or substantially all of the assets of Issuer or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing Issuer's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(c), Grantee a Holder may require such other party or parties to perform Issuer's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer under Section 9(c).

Appears in 2 contracts

Samples: Stockholder Agreement (Premark International Inc), Stock Option Agreement (Premark International Inc)

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Acquisition Transactions. In addition to any other ------------------------ restrictions ------------------------ or covenants, Issuer DHT hereby agrees that, in the event that Grantee Cerner delivers a Repurchase Notice, it shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entityPerson, the sale of all or substantially all of the assets of Issuer DHT or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing IssuerDHT's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(c), Grantee Cerner may require such other party or parties to perform IssuerDHT's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer DHT under Section 9(c).

Appears in 1 contract

Samples: Stock Option Agreement (Dynamic Healthcare Technologies Inc)

Acquisition Transactions. In addition to any other restrictions ------------------------ or covenants, Issuer hereby agrees that, in the event that Grantee delivers a Repurchase Notice, it shall not enter or agree to enter into an agreement or series of agreements relating to a merger with or into or the consolidation with any other person or entity, the sale of all or substantially all of the assets of Issuer or any similar transaction or disposition unless the other party or parties to such agreement or agreements agree to assume in writing Issuer's obligations under Section 9(a) and, notwithstanding any notice of revocation delivered pursuant to the proviso to Section 9(cSection9(c), Grantee may require such other party or parties to perform Issuer's obligations under Section 9(a) unless such party or parties are prohibited by law or regulation from such performance, in which case such party or parties shall be subject to the obligations of the Issuer under Section 9(cSection9(c).

Appears in 1 contract

Samples: Stock Option Agreement (Amoco Corp)

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