Common use of Acts in Concert with Others Clause in Contracts

Acts in Concert with Others. Except as contemplated herein, TI shall not, and shall not cause or permit any Affiliate of TI, to participate in the formation, or encourage the formation, of any Person which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting or disposition of, Voting Securities of Micron. Without limiting the generality of the foregoing, and except as contemplated herein, TI shall not, and shall not cause or permit any Affiliate of TI to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of Micron; (ii) seek election to or seek to place a representative on the Board of Directors of Micron; (iii) seek the removal of any member of the Board of Directors of Micron; (iv) otherwise seek control of the management, Board of Directors or policies of Micron; (v) solicit, propose, seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron or any Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron or any Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of Micron; (vii) disclose an intent, purpose, plan or proposal with respect to Micron or any Voting Securities of Micron inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron to waive the benefit of or amend any provision of this Agreement; or (vii) assist, participate in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI shall not, and shall not cause or permit any Affiliate of TI to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 and this Section 2.6 hereof.

Acts in Concert with Others. Except as contemplated herein, TI Intel --------------------------- shall not, and shall not cause or permit any Affiliate of TIIntel to, to participate in the formation, or encourage the formation, formation of any Person which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting or disposition of, Voting Securities of Micron. Without limiting the generality of the foregoing, and except as contemplated herein, TI Intel shall not, and shall not cause or permit any Affiliate of TI Intel to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of Micron; (ii) seek election to or seek to place a representative on the Board of Directors of Micron; (iii) seek the removal of any member of the Board of Directors of Micron; (iv) otherwise seek control of the management, Board of Directors or policies of Micron; (v) solicit, propose, propose or seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron or any Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron or any Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of Micron; (vii) disclose an intent, purpose, plan or proposal with respect to Micron or any Voting Securities of Micron inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron to waive the benefit of or amend any provision of this Agreement; or (vii) assist, participate in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI Intel shall not, and shall not cause or permit any Affiliate of TI Intel to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 2.4 and this Section 2.6 2.5 hereof.

Acts in Concert with Others. Except as contemplated herein, TI Parent shall not, and shall not cause or permit any Controlled Affiliate of TIParent, to participate in the formation, or encourage the formation, of any Person Person, which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting Voting or disposition of, Voting Securities of MicronPurchaser. Without limiting the generality of the foregoing, and except as contemplated herein, TI Parent shall not, and shall not cause or permit any Controlled Affiliate of TI Parent to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of MicronPurchaser; (ii) seek election to or seek to place a representative on the Board of Directors of MicronPurchaser; (iii) seek the removal of any member of the Board of Directors of MicronPurchaser; (iv) otherwise seek control of the management, Board of Directors or policies of MicronPurchaser; (v) solicit, propose, seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron Purchaser or any Controlled Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron Purchaser or any Controlled Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of MicronPurchaser; (vii) disclose an intent, purpose, plan or proposal with respect to Micron Purchaser or any Voting Securities of Micron Purchaser inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron Purchaser to waive the benefit of or amend any provision of this Agreement; or (viiviii) assist, participate participation in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI Parent shall not, and shall not cause or permit any Controlled Affiliate of TI Parent to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 and this Section 2.6 hereof.

Acts in Concert with Others. Except as contemplated herein, TI shall --------------------------- not, and shall not cause or permit any Affiliate of TI, to participate in the formation, or encourage the formation, of any Person which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting or disposition of, Voting Securities of Micron. Without limiting the generality of the foregoing, and except as contemplated herein, TI shall not, and shall not cause or permit any Affiliate of TI to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of Micron; (ii) seek election to or seek to place a representative on the Board of Directors of Micron; (iii) seek the removal of any member of the Board of Directors of Micron; (iv) otherwise seek control of the management, Board of Directors or policies of Micron; (v) solicit, propose, seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron or any Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron or any Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of Micron; (vii) disclose an intent, purpose, plan or proposal with respect to Micron or any Voting Securities of Micron inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron to waive the benefit of or amend any provision of this Agreement; or (vii) assist, participate in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI shall not, and shall not cause or permit any Affiliate of TI to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 and this Section 2.6 hereof.

Acts in Concert with Others. Except as contemplated herein, TI Intel shall not, and shall not cause or permit any Affiliate of TIIntel to, to participate in the formation, or encourage the formation, formation of any Person which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting or disposition of, Voting Securities of Micron. Without limiting the generality of the foregoing, and except as contemplated herein, TI Intel shall not, and shall not cause or permit any Affiliate of TI Intel to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of Micron; (ii) seek election to or seek to place a representative on the Board of Directors of Micron; (iii) seek the removal of any member of the Board of Directors of Micron; (iv) otherwise seek control of the management, Board of Directors or policies of Micron; (v) solicit, propose, propose or seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron or any Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron or any Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of Micron; (vii) disclose an intent, purpose, plan or proposal with respect to Micron or any Voting Securities of Micron inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron to waive the benefit of or amend any provision of this Agreement; or (vii) assist, participate in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI Intel shall not, and shall not cause or permit any Affiliate of TI Intel to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 2.4 and this Section 2.6 2.5 hereof.

Acts in Concert with Others. Except as contemplated herein, TI Cabletron --------------------------- shall not, and shall not cause or permit any Controlled Affiliate of TICabletron, to participate in the formation, or encourage the formation, of any Person which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting Voting or disposition of, Voting Securities of MicronEfficient. Without limiting the generality of the foregoing, and except as contemplated herein, TI Cabletron shall not, and shall not cause or permit any Controlled Affiliate of TI Cabletron to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of MicronEfficient; (ii) seek election to or seek to place a representative on the Board of Directors of MicronEfficient; (iii) seek the removal of any member of the Board of Directors of MicronEfficient; (iv) otherwise seek control of the management, Board of Directors or policies of MicronEfficient; (v) solicit, propose, seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron Efficient or any Controlled Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron Efficient or any Controlled Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of MicronEfficient; (vii) disclose an intent, purpose, plan or proposal with respect to Micron Efficient or any Voting Securities of Micron Efficient inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron Efficient to waive the benefit of or amend any provision of this Agreement; or (vii) assist, participate participation in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI Cabletron shall not, and shall not cause or permit any Controlled Affiliate of TI Cabletron to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 and this Section 2.6 hereof.

Acts in Concert with Others. Except as contemplated herein, TI Intel Capital shall not, and shall not cause or permit any Affiliate of TIIntel Capital to, to participate in the formation, or encourage the formation, formation of any Person which owns or seeks to acquire beneficial ownership of, or otherwise acts in concert in respect of the voting or disposition of, Voting Securities of Micron. Without limiting the generality of the foregoing, and except as contemplated herein, TI Intel Capital shall not, and shall not cause or permit any Affiliate of TI Intel Capital to: (i) join a partnership, limited partnership, syndicate or other group, or otherwise act in concert with any third person, for the purpose of acquiring, holding, or disposing of Voting Securities of Micron; (ii) seek election to or seek to place a representative on the Board of Directors of Micron; (iii) seek the removal of any member of the Board of Directors of Micron; (iv) otherwise seek control of the management, Board of Directors or policies of Micron; (v) solicit, propose, propose or seek to effect or negotiate with any other Person with respect to any form of business combination transaction with Micron or any Affiliate thereof, or any restructuring, recapitalization or similar transaction with respect to Micron or any Affiliate thereof; (vi) solicit, make or propose or encourage or negotiate with any other Person with respect to, or announce an intent to make, any tender offer or exchange offer for any Voting Securities of Micron; (vii) disclose an intent, purpose, plan or proposal with respect to Micron or any Voting Securities of Micron inconsistent with the provisions of this Agreement, including an intent, purpose, plan or proposal that is conditioned on or would require Micron to waive the benefit of or amend any provision of this Agreement; or (vii) assist, participate in, facilitate, encourage or solicit any effort or attempt by any Person to do or seek to do any of the foregoing. TI Intel Capital shall not, and shall not cause or permit any Affiliate of TI Intel Capital to, encourage or render advice to or make any recommendation or proposal to any Person to engage in any of the actions covered by Section 2.5 2.4 hereof and this Section 2.6 hereof2.5.