Amendment; Extension; Waiver. (a) Subject to compliance with applicable law, this Agreement may be amended by the parties hereto, by action taken or authorized by their respective Boards of Directors, at any time before or after approval of the matters presented in connection with the Merger by the stockholders of the Company; provided, however, that after any approval of the transactions contemplated by this Agreement by the stockholders of the Company, there may not be, without further approval of such stockholders, any amendment of this Agreement which by law requires further approval by such stockholders without such further approval. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Periphonics Corp), Agreement and Plan of Merger (Clarify Inc)
Amendment; Extension; Waiver. (a) Subject to compliance with applicable law, this Agreement may be amended by the parties hereto, by action taken or authorized by their respective Boards of Directors, at any time before or after adoption of this Agreement and approval of the matters presented in connection with the Merger any other matter by the stockholders of the Company; provided, however, that after any such adoption and approval of the transactions contemplated by this Agreement by the stockholders of the Company, there may not be, without further adoption or approval of such stockholders, any amendment of this Agreement which by law requires such further approval by such stockholders without such further approvalstockholders. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alteon Websystems Inc), Agreement and Plan of Merger (Nortel Networks Corp)
Amendment; Extension; Waiver. (a) Subject to compliance with applicable law, this Agreement may be amended by the parties hereto, by action taken or authorized by their respective Boards of Directors, at any time before or after approval of the matters presented in connection with the Merger by the stockholders of the CompanyBay; provided, however, that after any approval of the transactions contemplated by this Agreement by the stockholders of the CompanyBay, there may not be, without further approval of such stockholders, any amendment of this Agreement which by law or in accordance with the rules of any relevant stock exchange requires further approval by such stockholders without such further approval. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto.
Appears in 1 contract
Amendment; Extension; Waiver. (a) Subject to compliance with applicable law, this Agreement may be amended by the parties hereto, by action taken or authorized by their respective Boards of Directors, at any time before or after approval of the matters presented in connection with the Merger by the stockholders of the Company; provided, however, that after any approval of the transactions Transactions contemplated by this Agreement by the stockholders of the Company, there may not be, without further approval of such stockholders, any amendment of this Agreement which by law requires such further approval by such stockholders without such further approvalstockholders. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto.
Appears in 1 contract
Samples: Agreement and Plan (Antec Corp)