Common use of Charter Provisions Clause in Contracts

Charter Provisions. Each Target Entity has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the Certificate of Incorporation, Bylaws or other governing instruments of any Target Entity or restrict or impair the ability of Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a stockholder with respect to, shares of any Target Entity that may be directly or indirectly acquired or controlled by them.

Appears in 4 contracts

Samples: Merger Agreement (Graham Field Health Products Inc), Merger Agreement (Fuqua Enterprises Inc), Merger Agreement (Graham Field Health Products Inc)

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Charter Provisions. Each Target Entity has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the Certificate certificate of Incorporationincorporation, Bylaws bylaws or other governing instruments of any Target Entity or restrict or impair the ability of Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a stockholder with respect to, shares of any Target Entity that may be directly or indirectly acquired or controlled by them.

Appears in 1 contract

Samples: Merger Agreement (Lev Pharmaceuticals Inc)

Charter Provisions. Each Target Entity has taken all action so that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement do not and will not result in the grant of any rights to any Person under the Certificate Articles of Incorporation, Bylaws or other governing instruments of any Target Entity or restrict or impair the ability of Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a stockholder shareholder with respect to, shares of any Target Entity that may be directly or indirectly acquired or controlled by them.

Appears in 1 contract

Samples: Merger Agreement (Duck Head Apparel Co Inc)

Charter Provisions. Each Target Entity has taken shall take all necessary action so to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement hereby do not and will not result in the grant of any rights to any Person under the Certificate Articles of Incorporation, Bylaws or other governing instruments of any Target Entity or restrict or impair the ability of Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a stockholder shareholder with respect to, shares of any Target Entity that may be directly or indirectly acquired or controlled by them.

Appears in 1 contract

Samples: Merger Agreement (Duck Head Apparel Co Inc)

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Charter Provisions. Each Target Entity has taken shall take all necessary action so to ensure that the entering into of this Agreement and the consummation of the Merger and the other transactions contemplated by this Agreement hereby do not and will not result in the grant of any rights to any Person under the Certificate certificates or articles of Incorporationincorporation, Bylaws bylaws or other governing instruments of any Target Entity or restrict or impair the ability of Buyer or any of its Subsidiaries to vote, or otherwise to exercise the rights of a stockholder with respect to, shares of any Target Entity that may be directly or indirectly acquired or controlled by them.

Appears in 1 contract

Samples: Merger Agreement (Lev Pharmaceuticals Inc)

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