Common use of Certain Prohibited Actions Clause in Contracts

Certain Prohibited Actions. The Company shall not, and shall not permit any of its Subsidiaries to, agree, authorize or enter into any commitment to take any action (i) that is intended to result in any of the conditions to the Merger set forth in Article VI not being satisfied or (ii) that is described in the foregoing subsections (a)-(o) of this Section 5.1, except as otherwise permitted by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Shopko Stores Inc), Agreement and Plan of Merger (Shopko Stores Inc)

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Certain Prohibited Actions. The Company shall not, and shall not permit any of its Subsidiaries to, agree, authorize or enter into any commitment to take any action (i) that is intended to result in any of the conditions to the Merger set forth in Article VI not being satisfied or (ii) that is described in the foregoing subsections (a)-(oa)-(k) of this Section 5.1, except as otherwise permitted by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Great American Financial Resources Inc), Agreement and Plan of Merger (Ceres Group Inc)

Certain Prohibited Actions. The Company shall not, and shall not permit any of its Subsidiaries to, agree, authorize or enter into any commitment to take any action (i) that is intended to result in any of the conditions to the Merger set forth in Article VI not being satisfied or (ii) that is described in the foregoing subsections (a)-(o) of this Section 5.1, except as otherwise expressly permitted by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tripath Imaging Inc)

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Certain Prohibited Actions. The Company shall not, and shall not permit any of its Subsidiaries to, agree, authorize or enter into any commitment to take any action (i) that is intended to result in any of the conditions to the Merger set forth in Article VI not being satisfied or (ii) that is described in the foregoing subsections (a)-(oa)-(k) of this Section 5.1, except as otherwise expressly permitted by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Allied Healthcare International Inc)

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