Company Shareholder Approvals. This Agreement, the Merger and the Company Ancillary Agreements will have been duly and validly approved and adopted, as required by applicable law and Company’s Articles of Organization and Bylaws, by the valid and affirmative vote of at least two-thirds of the outstanding shares of Company Common Stock and Company Preferred Stock, voting together as a single class.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intermix Media, Inc.), Agreement and Plan of Merger (Datameg Corp)
Company Shareholder Approvals. This Agreement, the Merger and the Company Ancillary Agreements and the Merger will have been duly and validly approved approved, authorized and adopted, as required by applicable law and Company’s 's Articles of Organization Incorporation and Bylaws, by the valid and affirmative vote of at least two-thirds more than ninety percent (90%) of each of the outstanding shares of Company Common Stock and Company Preferred Stock, voting together as a single class.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Symyx Technologies Inc)
Company Shareholder Approvals. This Agreement, the Merger and the Company Ancillary Agreements and the Merger will have been duly and validly approved approved, authorized and adoptedadopted by the Company Shareholders, as required by applicable law Requirements of Law and Company’s Articles of Organization Incorporation and Bylaws, by the valid and affirmative vote of at least two-thirds of the outstanding shares of Company Common Stock and Company Preferred Stock, voting together as a single class.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Advanced Power Technology Inc)