Common use of Breach by Representatives Clause in Contracts

Breach by Representatives. The Company agrees that any action taken by a Representative of the Company (other than an employee or consultant of the Company who is not an officer of the Company) that, if taken by the Company, would constitute a breach of this Section 5.3 will be deemed to constitute a breach by the Company of this Section 5.3.

Appears in 1 contract

Samples: Merger Agreement (Lifelock, Inc.)

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Breach by Representatives. The Company agrees that any Any action taken by a Company Subsidiary, or by a Representative of the Company (other than an employee or consultant of the a Company who is not an officer of the Company) Subsidiary, that, if taken by the Company, would constitute a breach of this Section 5.3 will be deemed to constitute a breach by the Company for purposes of this Section 5.35.3(b).

Appears in 1 contract

Samples: Merger Agreement (Echelon Corp)

Breach by Representatives. The Company agrees that in the event any Representative takes any action taken by a Representative at the direction or on behalf of the Company (other than an employee or consultant of the Company who is not an officer of the Company) thatwhich, if taken by the Company, would constitute a breach of this Section 5.3 will 5.3, the Company shall be deemed to constitute a be in breach by the Company of this Section 5.3.

Appears in 1 contract

Samples: Merger Agreement (Thoughtworks Holding, Inc.)

Breach by Representatives. The Company agrees that any action taken by a Representative of the Company (other than an employee or consultant of the Company who is not an executive or other officer of the Company) that, if taken by the Company, would constitute a material breach of this Section 5.3 will be deemed to constitute a breach by the Company of this Section 5.3.

Appears in 1 contract

Samples: Merger Agreement (Rackspace Hosting, Inc.)

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Breach by Representatives. The Company agrees that any action taken by a any Representative of the any Acquired Company (other than an employee or consultant of the Company who is not an officer of the Company) that, if taken by the any Acquired Company, would constitute be a breach of this Section 5.3 6.02, then such action will be deemed to constitute a breach by the Company of this Section 5.36.02.

Appears in 1 contract

Samples: Merger Agreement (Aon PLC)

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