Company Rights Agreement. As of the date hereof and after giving effect to the execution and delivery of this Agreement, each Company Right is represented by the certificate representing the associated Company Common Share and is not exercisable or transferable apart from the associated share of Company Common Share, and the execution and delivery of this Agreement will not result in Parent becoming an "Acquiring Person" and the execution and delivery of, and the consummation of the transactions contemplated by, this Agreement will not result in a "Distribution Date" or a "Shares Acquisition Date" (each, as defined in the Company Rights Agreement).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Medusa Corp), Agreement and Plan of Merger (Southdown Inc), Agreement and Plan of Merger (Southdown Inc)
Company Rights Agreement. As of the date hereof and after giving effect to the execution and delivery of this Agreement, each Company Right is represented by the certificate representing the associated share of Company Common Share Stock and is not exercisable or transferable apart from the associated share of Company Common ShareStock, and the Company has taken all necessary actions so that the execution and delivery of this Agreement will not result in Parent becoming an "Acquiring Person" and the execution and delivery of, Stockholders Agreement and the consummation of the Offer, the Merger and the other transactions contemplated by, this hereby and the Stockholders Agreement will not result in a "Distribution Date" or a "Shares Acquisition Date" (each, as defined in the Company Rights Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Food Lion Inc), Agreement and Plan of Merger (Kash N Karry Food Stores Inc)
Company Rights Agreement. As of the date hereof and after giving effect to the execution and delivery of this Agreement, each Company Right is represented by the certificate representing the associated Company Common Share and is not exercisable or transferable apart from the associated share of Company Common Share, and the execution and delivery of this Agreement will not result in Parent becoming an "Acquiring Person" and the execution and delivery of, and the consummation of the transactions contemplated by, this Agreement will not result in a "Distribution Date" or a "Shares Acquisition Date" (each, as defined in the Company Rights Agreement).. 4.26
Appears in 2 contracts
Samples: Exhibit A (Southdown Inc), Exhibit A (Southdown Inc)
