Anti-Takeover Provisions. Each of the board of directors of the Company and the Company have taken all action necessary or required to render inapplicable to the Merger, this Agreement or any Related Agreement and the transactions contemplated herein or therein (a) any takeover provision in the Company Constituent Documents, (b) any takeover provision in any Company Contract and (c) any applicable state anti-takeover law.
Appears in 3 contracts
Samples: Merger Agreement (Volcano CORP), Merger Agreement (Volcano CORP), Agreement and Plan of Merger (Cypress Bioscience Inc)
Anti-Takeover Provisions. Each of the The board of directors of the Company and the Company have has taken all action necessary or required to render inapplicable to the Merger, this Agreement or any Related Agreement and the transactions contemplated herein or therein (a) any anti-takeover provision in the Company Constituent Documents, (b) any takeover provision in any Company Contract and (c) any applicable state anti-takeover law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Favrille Inc), Agreement and Plan of Merger and Reorganization (RHL Group, Inc.)
Anti-Takeover Provisions. Each of the board of directors of the Company and the Company have taken all action necessary or required to render inapplicable to the Merger, this Agreement or any Related Agreement and the transactions contemplated herein or therein (a) any anti-takeover provision in the Company Constituent Documents, (b) any takeover provision in any Company Contract and (c) any applicable state anti-takeover law.
Appears in 2 contracts
Samples: Merger Agreement (Celunol Corp), Merger Agreement (Diversa Corp)
Anti-Takeover Provisions. Each The Company Board of the board of directors of Directors has taken all necessary action so that no takeover, anti-takeover, moratorium, “fair price,” “control share,” or similar Law applicable to the Company and will apply to this Agreement, the Company have taken all action necessary Merger or required to render inapplicable to the Merger, this Agreement or any Related Agreement and the other transactions contemplated herein or therein (a) any takeover provision in the Company Constituent Documents, (b) any takeover provision in any Company Contract and (c) any applicable state anti-takeover lawhereby.
Appears in 2 contracts
Samples: Merger Agreement (Sonicwall Inc), Merger Agreement (Sonicwall Inc)
Anti-Takeover Provisions. Each The Board of the board of directors Directors of the Company and has taken all necessary action so that any takeover, anti-takeover, moratorium, "fair price", "control share" or other similar Law enacted under any Law applicable to the Company have taken all action necessary (each, a "Takeover Statute") do not, and will not, apply to this Agreement, the Offer, the Merger or required to render inapplicable to the Merger, this Agreement or any Related Agreement and the other transactions contemplated herein or therein (a) hereby. The Company does not have any takeover provision stockholder rights plan in the Company Constituent Documents, (b) any takeover provision in any Company Contract and (c) any applicable state anti-takeover law.effect. Article V
Appears in 1 contract
Samples: Agreement and Plan of Merger (Laureate Education, Inc.)
