Actions of Directors and Officers. Immediately prior to the Closing Date, Xxxxxxx and the WP Partners shall cause (i) Newco to elect the directors of Newco as the directors of Merger Sub, (ii) the directors of Merger Sub to elect the officers of Xxxxxxx as the officers of Merger Sub, (iii) the directors of Newco to ratify and approve this Agreement and the Agreement and Plan of Merger substantially in the form of Exhibit F (the "Merger A Agreement"), (iv) the Merger A Agreement to be executed on behalf of the parties thereto, and (v) the directors and officers of Merger Sub to take such steps as may be necessary or appropriate to complete the organization of the Merger Sub and to approve the Merger A Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Apollo Real Estate Investment Fund L P/Ny), Agreement and Plan of Reorganization (Schuler Homes Inc), Agreement and Plan of Reorganization (Schuler James K)
