Compliance with Tender Offer Rules. Nothing contained in this ---------------------------------- Agreement shall prohibit either party or its respective Board of Directors from taking and disclosing to its stockholders a position contemplated by Rules 14d-9 and 14e-2(a) promulgated under the Exchange Act; provided that the -------- content of any such disclosure thereunder shall be subject to the terms of Section 5.3 of this Agreement. Without limiting the foregoing proviso, neither party shall effect a Change of Recommendation unless specifically permitted pursuant to the terms of Section 5.3(d).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Oplink Communications Inc)
Compliance with Tender Offer Rules. Nothing contained in this ---------------------------------- Agreement shall prohibit either party or its respective Board of Directors from taking and disclosing to its stockholders a position contemplated by Rules 14d-9 and 14e-2(a) promulgated under the Exchange Act; provided that the -------- content of any such disclosure thereunder shall be subject to the 56. terms of Section 5.3 of this Agreement. Without limiting the foregoing proviso, neither party shall effect a Change of Recommendation unless specifically permitted pursuant to the terms of Section 5.3(d).
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Virologic Inc)
Compliance with Tender Offer Rules. Nothing contained in this ---------------------------------- Agreement shall prohibit either party or its respective Board of Directors from taking and disclosing to its stockholders a position contemplated by Rules 14d-9 and 14e-2(a) promulgated under the Exchange Act; provided PROVIDED that the -------- content of any such disclosure thereunder shall be subject to governed by the terms of Section 5.3 of this Agreement. Without limiting the foregoing proviso, neither party shall effect a Change of Recommendation unless specifically permitted pursuant to the terms of Section 5.3(d).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Compaq Computer Corp)
Compliance with Tender Offer Rules. Nothing contained in this ---------------------------------- Agreement shall prohibit either party or its respective Board of Directors from taking and disclosing to its stockholders a position contemplated by Rules 14d-9 and 14e-2(a) promulgated under the Exchange Act; provided that the -------- content of any such disclosure thereunder shall be subject to the terms of Section 5.3 of this Agreement. Without limiting the foregoing proviso, neither party shall effect a Change of Recommendation unless specifically permitted pursuant to the terms of Section 5.3(d).
Appears in 1 contract
Compliance with Tender Offer Rules. Nothing contained in this ---------------------------------- Agreement shall prohibit either party or its respective Board of Directors from taking and disclosing to its stockholders a position contemplated by Rules 14d-9 and 14e-2(a) promulgated under the Exchange Act; provided that the -------- content of any such disclosure thereunder shall be subject to the terms of Section 5.3 5.3(c) of this Agreement. Without limiting the foregoing proviso, neither party shall effect a Change of Recommendation unless specifically permitted pursuant to the terms of Section 5.3(d).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Western Multiplex Corp)