Antitakeover Matters. The Board of Directors of the Company has taken and will take all actions necessary to ensure that the restrictions applicable to business combinations contained in the DGCL are, and will be, inapplicable to the execution, delivery and performance by the Company of this Agreement and the Transaction Documents and the consummation of the transactions contemplated hereby and thereby. The Board of Directors of the Company has taken and will take all actions necessary to exempt the consummation of the transactions contemplated by this Agreement and the Transaction Documents under the Company’s certificate of incorporation, as amended, including, without limitation, the adoption of the Waiver.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Crossroads Systems Inc), Securities Purchase Agreement (210 Capital, LLC), Securities Purchase Agreement
Antitakeover Matters. The Board of Directors of the Company has taken and will take all actions necessary to ensure that the restrictions applicable to business combinations contained in the DGCL are, and will be, inapplicable to the execution, delivery and performance by the Company of this Agreement and the Transaction Documents and the consummation of the transactions contemplated hereby and thereby. The Board of Directors of the Company has taken and will take all actions necessary to exempt the consummation of the transactions contemplated by this Agreement and the Transaction Documents Document under the Company’s certificate of incorporation, as amendedRights Agreement, including, without limitation, the adoption of the WaiverRights Agreement Amendment.
Appears in 1 contract
Samples: Securities Purchase Agreement (210/P10 Acquisition Partners, LLC)
