Confidentiality; Access to Information. (a) The parties acknowledge that Company and Parent have previously executed a Confidentiality Agreement, dated as of February 3, 1999 (the "Confidentiality Agreement"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms. (b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization and Merger (Lsi Logic Corp), Agreement and Plan of Reorganization and Merger (Lsi Logic Corp), Agreement and Plan of Reorganization and Merger (Seeq Technology Inc)
Confidentiality; Access to Information. (a) The parties acknowledge that Company and Parent have previously executed a Confidentiality Agreement, dated as of February 3September 1, 1999 1998 (the "Confidentiality Agreement"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
. (b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Red Brick Systems Inc)
Confidentiality; Access to Information. (a) The parties acknowledge that Company and Parent have previously executed a Confidentiality Agreement, dated as of February 3June 13, 1999 2002 (the "Confidentiality AgreementCONFIDENTIALITY AGREEMENT"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours hours, upon reasonable notice, to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including including, without limitation, the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 5.6 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 2 contracts
Samples: Merger Agreement (Precise Software Solutions LTD), Merger Agreement (Veritas Software Corp /De/)
Confidentiality; Access to Information. (a) The parties acknowledge that Company and Parent have previously executed a Mutual Confidentiality Agreement, dated as of February 3September 18, 1999 2000, (the "Confidentiality AgreementCONFIDENTIALITY AGREEMENT"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours hours, upon reasonable notice, to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 6.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Samples: Merger Agreement (Objective Systems Integrators Inc)
Confidentiality; Access to Information. (a) The parties acknowledge that the Company and Parent have previously executed a that certain Confidentiality Agreement, Agreement dated as of February June 3, 1999 2004 (the "Confidentiality AgreementCONFIDENTIALITY AGREEMENT"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. The Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours to the its properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Companypersonnel, as Parent may reasonably request. No information or knowledge obtained by Parent a party in any investigation pursuant to this Section 5.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Confidentiality; Access to Information. (a) The parties acknowledge that the Company and Parent have previously executed a that certain Confidentiality Agreement, Agreement dated as of February 3May 4, 1999 2005 (the "βConfidentiality Agreement"β), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. The Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours to the its properties, books, records records, personnel and personnel of Company customers during the period prior to commencing on the Effective date of this Agreement and ending at the Appointment Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Companypersonnel, as Parent may reasonably request. No information or knowledge obtained by Parent a party in any investigation pursuant to this Section 5.3 6.3(b) will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the MergerTransactions.
Appears in 1 contract
Samples: Merger Agreement (Neon Systems Inc)
Confidentiality; Access to Information. (a) The parties acknowledge that -------------------------------------- Company and Parent have previously executed a Mutual Confidentiality Agreement, dated as of February 3September 18, 1999 2000, (the "Confidentiality Agreement"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours hours, upon reasonable notice, to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 6.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Confidentiality; Access to Information. (a) The parties acknowledge that Company and Parent have previously executed a Mutual Confidentiality Agreement, dated as of February 3November 21, 1999 1997 (the "Confidentiality Agreement"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Samples: Merger Agreement (Quantum Corp /De/)
Confidentiality; Access to Information. (a) The parties acknowledge that Company and Parent have previously executed a Mutual Confidentiality Agreement, dated as of February 3November 21, 1999 1997 (the "Confidentiality AgreementCONFIDENTIALITY AGREEMENT"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.
(b) Access to Information. Company will afford Parent and its accountants, counsel and other representatives reasonable access during normal business hours to the properties, books, records and personnel of Company during the period prior to the Effective Time to obtain all information concerning the business, including the status of product development efforts, properties, results of operations and personnel of Company, as Parent may reasonably request. No information or knowledge obtained by Parent in any investigation pursuant to this Section 5.3 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Atl Products Inc)