Applicable Period. For the purposes of this Agreement, "APPLICABLE PERIOD" shall mean (i) the 12-month period following the termination of this Agreement if the party with whom the Company (in the case of Section 7.3(b)) or Parent (in the case of Section 7.3(c)) consummates a Company Acquisition or Parent Acquisition, respectively, or enters into an agreement or letter of intent providing for a Company Acquisition or Parent Acquisition, respectively, or an affiliate thereof, has publicly announced and not publicly and irrevocably withdrawn a Company Acquisition Offer or Parent Acquisition Offer, respectively, following the date hereof and prior to the termination of this Agreement or (ii) the 6-month period following the termination of this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (HMT Technology Corp), Agreement and Plan of Reorganization (HMT Technology Corp), Agreement and Plan of Reorganization (Komag Inc /De/)
