Actions of the Stockholders’ Agent. A decision, act, consent or instruction of the Stockholders’ Agent shall constitute a decision of all of Target Stockholders and shall be final, binding and conclusive upon each and every Target Stockholder, and the Share Escrow Agent and Acquiror may rely upon any decision, act, consent or instruction of the Stockholders’ Agent as being the decision, act, consent or instruction of each and every Target Stockholder. The Share Escrow Agent and Acquiror are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Stockholders’ Agent.
Appears in 2 contracts
Samples: Purchase Agreement (Corporate Office Properties Trust), Purchase Agreement and Agreement and Plan of Merger (Corporate Office Properties Trust)
Actions of the Stockholders’ Agent. A decision, act, consent or instruction of the Stockholders’ Agent shall constitute a decision of all of Target Stockholders and shall be final, binding and conclusive upon each and every such Target Stockholder, and Acquiror and the Share Escrow Agent and Acquiror Surviving Corporation may rely upon any decision, act, consent or instruction of the Stockholders’ Agent as being the decision, act, consent or instruction of each and every Target Stockholder. The Share Escrow Agent Acquiror and Acquiror the Surviving Corporation are each hereby relieved from any liability to any person for any acts done by them it in accordance with such decision, act, consent or instruction of the Stockholders’ Agent. In addition, any loss, liability or expense incurred by reason of Stockholders’ Agent’s failure to give notice under ARTICLE V of this Agreement shall be borne solely by the Stockholders’ Agent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Catcher Holdings, Inc), Merger Agreement (Catcher Holdings, Inc)
Actions of the Stockholders’ Agent. A decision, act, consent or instruction of the Stockholders’ ' Agent shall constitute a decision of all Target stockholders for purposes of Target Stockholders claims pursuant to Section 10 this Agreement and shall be final, binding and conclusive upon each and every such Target Stockholder, and the Share Escrow Agent stockholder and Acquiror may rely upon any decision, act, consent or instruction of the Stockholders’ ' Agent as being the decision, act, consent or instruction of each and every such Target Stockholderstockholder. The Share Escrow Agent and Acquiror are is hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Stockholders’ ' Agent.
Appears in 2 contracts
Samples: Merger Agreement (Convio, Inc.), Merger Agreement (Convio, Inc.)
Actions of the Stockholders’ Agent. A decision, act, consent or instruction of the Stockholders’ Agent shall constitute a decision of all of Target Stockholders and shall be final, binding and conclusive upon each and every such Target Stockholder, and Acquiror and the Share Escrow Agent and Acquiror Surviving Corporation may rely upon any decision, act, consent or instruction of the Stockholders’ Agent as being the decision, act, consent or instruction of each and every Target Stockholder. The Share Escrow Agent Acquiror and Acquiror the Surviving Corporation are each hereby relieved from any liability to any person for any acts done by them it in accordance with such decision, act, consent or instruction of the Stockholders’ Agent. In addition, any loss, liability or expense incurred by reason of Stockholders’ Agent’s failure to give notice under ARTICLE VII of this Agreement shall be borne solely by the Stockholders’ Agent.
Appears in 1 contract
Samples: Merger Agreement (Kintera Inc)
Actions of the Stockholders’ Agent. A decision, act, consent or instruction of the Stockholders’ Agent shall constitute a decision of all of Target Stockholders stockholders and shall be final, binding and conclusive upon each and every such Target Stockholderstockholder, and the Share Escrow Agent and Acquiror may rely upon any decision, act, consent or instruction of the Stockholders’ Agent as being the decision, act, consent or instruction of each and every such Target Stockholderstockholder. The Share Escrow Agent and Acquiror are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Stockholders’ Agent.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Packeteer Inc)
Actions of the Stockholders’ Agent. A decision, act, consent or instruction of the Stockholders’ ' Agent shall constitute a decision of all of Target Stockholders and shall be final, binding and conclusive upon each and every such Target Stockholder, and Acquiror and the Share Escrow Agent and Acquiror Surviving Corporation may rely upon any decision, act, consent or instruction of the Stockholders’ ' Agent as being the decision, act, consent or instruction of each and every Target Stockholder. The Share Escrow Agent Acquiror and Acquiror the Surviving Corporation are each hereby relieved from any liability to any person for any acts done by them it in accordance with such decision, act, consent or instruction of the Stockholders’ ' Agent. In addition, any loss, liability or expense incurred by reason of Stockholders' Agent's failure to give notice under ARTICLE VII of this Agreement shall be borne solely by the Stockholders' Agent.
Appears in 1 contract
Samples: Merger Agreement (Kintera Inc)