Authority; Due Authorization; Binding Agreement; Approval. (a) The Company has all requisite corporate power and authority to enter into this Agreement and to perform its obligations under this Agreement subject, with respect to the Merger, to the adoption of this Agreement by the affirmative vote of the Company stockholders, to the extent required by applicable law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Mariner Energy Inc), Agreement and Plan of Merger (Plains Exploration & Production Co), Agreement and Plan of Merger (Pogo Producing Co)
Authority; Due Authorization; Binding Agreement; Approval. (a) The Company has all requisite corporate power and authority to enter into this Agreement and all other documents contemplated hereby and to perform its obligations under this Agreement hereunder and consummate the transactions contemplated hereby, subject, with respect to the Merger, to the adoption of this Agreement by the affirmative vote of the Company stockholders, to the extent required by applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Skywest Inc), Agreement and Plan of Merger (Expressjet Holdings Inc)
Authority; Due Authorization; Binding Agreement; Approval. (a) The Company has all requisite corporate power and authority to enter into this Agreement and to perform its obligations under this Agreement Agreement, subject, with respect to the Merger, to the adoption of this Agreement by Company Stockholder Approval under the affirmative DGCL. The Company Stockholder Approval is the only vote of the Company stockholders, to holders of any of the extent required by applicable lawCompany’s capital stock necessary in connection with the consummation of the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Primus Telecommunications Group Inc), Agreement and Plan of Merger (ARBINET Corp)
Authority; Due Authorization; Binding Agreement; Approval. (a) The Company has all requisite corporate power and authority to enter into this Agreement and to perform its obligations under this Agreement subject, with respect to the Merger, to the adoption of this Agreement by the affirmative vote of the holders of a majority of the outstanding shares of Company stockholders, Common Stock entitled to vote to adopt this Agreement (the extent required by applicable law“Company Required Vote”).
Appears in 1 contract
