Charter Provisions. Company shall take all necessary action to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated hereby do not and will not result in the grant of any rights to any Person under the Articles of Incorporation, Bylaws or other governing instruments of Company or restrict or impair the ability of Parent or any of its subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, shares of Company that may be directly or indirectly acquired or controlled by them.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Thermoview Industries Inc), Agreement and Plan of Merger (Thermoview Industries Inc), Agreement and Plan of Merger (Thermoview Industries Inc)
Charter Provisions. Each Company Entity shall take all necessary action to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated hereby do not and will not result in the grant of any rights to any Person under the Articles Certificate of Incorporation, Bylaws or other governing instruments of any Company Entity or restrict or impair the ability of Parent or any of its subsidiaries Subsidiaries to vote, or otherwise to exercise the rights of a shareholder stockholder with respect to, shares of any Company Entity that may be directly or indirectly acquired or controlled by them.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intervu Inc), Agreement and Plan of Merger (Akamai Technologies Inc)
Charter Provisions. Each Company shall take all necessary action to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated hereby do not and will not result in the grant of any rights to any Person under the Articles of Incorporation, Bylaws or other governing instruments of each Company or restrict or impair the ability of Parent or any of its subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, shares of each Company that may be directly or indirectly acquired or controlled by them.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Thermoview Industries Inc), Agreement and Plan of Merger (Thermoview Industries Inc)
Charter Provisions. The Company shall take all necessary action to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated hereby do not and will not result in the grant of any rights to any Person under the Articles of Incorporation, Bylaws or other governing instruments of the Company or restrict or impair the ability of Parent or any of its subsidiaries Subsidiaries to vote, or otherwise to exercise the rights of a shareholder with respect to, shares of the Company that may be directly or indirectly acquired or controlled by themit.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Minotto Gene J), Agreement and Plan of Merger (Fuqua Enterprises Inc)
Charter Provisions. Company shall take all necessary action to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated hereby do not and will not result in the grant of any rights to any Person under the Articles of Incorporation, Bylaws or other governing instruments of Company or restrict or impair the ability of Parent or any of its subsidiaries Subsidiaries to vote, or otherwise to exercise the rights of a shareholder stockholder with respect to, shares of Company that may be directly or indirectly acquired or controlled by them.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Akamai Technologies Inc)
Charter Provisions. Company shall take all necessary action to ensure that the entering into of this Agreement and the consummation of the Merger Acquisition and the other transactions contemplated hereby do not and will not result in the grant of any rights to any Person under the Articles of Incorporation, Bylaws or other governing instruments of Company or restrict or impair the ability of Parent or any of its subsidiaries Subsidiaries to vote, or otherwise to exercise the rights of a shareholder stockholder with respect to, shares of Company that may be directly or indirectly acquired or controlled by them.
Appears in 1 contract
Samples: Agreement and Plan of Acquisition (Landmark Land Co Inc/De)
Charter Provisions. Company shall take has taken all necessary action to ensure so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated hereby by this Agreement do not and will not result in the grant of any rights to any Person under the Articles of Incorporation, Bylaws or other governing instruments of Company or restrict or impair the ability of Parent or any of its subsidiaries Subsidiaries to vote, or otherwise to exercise the rights of a shareholder stockholder with respect to, shares of Company that may be directly or indirectly acquired or controlled by them.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Akamai Technologies Inc)