Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 36 contracts
Samples: Agreement and Plan of Merger (Equitrans Midstream Corp), Agreement and Plan of Merger (EQT Corp), Agreement and Plan of Merger (Bioceres Crop Solutions Corp.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Patient Safety Technologies, Inc), Agreement and Plan of Merger (Lufkin Industries Inc), Agreement and Plan of Merger (Wca Waste Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing Nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Berkeley Lights, Inc.), Agreement and Plan of Merger (IsoPlexis Corp), Agreement and Plan of Merger (CEB Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyPartnership, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company Partnership and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Sunoco LP), Agreement and Plan of Merger (NuStar Energy L.P.), Agreement and Plan of Merger (Sunoco LP)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Tower Semiconductor LTD), Agreement and Plan of Merger, Agreement and Plan of Merger (Nvidia Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Pacer International Inc), Agreement and Plan of Merger (DPL Inc), Agreement and Plan of Merger (Vertro, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Neophotonics Corp), Agreement and Plan of Merger (Lumentum Holdings Inc.), Agreement and Plan of Merger (Central European Media Enterprises LTD)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Ii-Vi Inc), Agreement and Plan of Merger (Coherent Inc), Agreement and Plan of Merger (Lumentum Holdings Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyPartnership, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time Closing and (b) prior to the Effective TimeClosing, each of Parent and the Company and Parent Partnership shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Targa Resources Corp.), Agreement and Plan of Merger (Targa Resources Corp.), Agreement and Plan of Merger (Atlas Energy, L.P.)
Control of Operations. Without in any way limiting any party’s rights or obligations otherwise set forth under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Emageon Inc), Agreement and Plan of Merger (AMICAS, Inc.), Agreement and Plan of Merger (Emageon Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyPurchaser, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Acceptance Time and (b) prior to the Effective Acceptance Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Blue Apron Holdings, Inc.), Agreement and Plan of Merger (Epizyme, Inc.), Agreement and Plan of Merger (Houghton Mifflin Harcourt Co)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement (or any Party’s rights as in effect separate and apart from this Agreement), the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time; and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (LAIX Inc.), Agreement and Plan of Merger (BlueCity Holdings LTD), Agreement and Plan of Merger (Ma Baoli)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations (or the operations of the other Party’s Subsidiaries) prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Keypath Education International, Inc.), Agreement and Plan of Merger (Hibbett Inc), Agreement and Plan of Merger (Trean Insurance Group, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained Notwithstanding anything in this Agreement shall give Parent or that may be deemed to the Companycontrary, nothing in this Agreement shall, directly or indirectly, the right to give any party control or direct the over any other party’s operations prior to the Effective Time and (b) prior to operations, business or decision-making before the Effective Time, each and control over all such matters shall remain in the hands of the Company and Parent shall exerciserelevant party, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Freeport McMoran Copper & Gold Inc), Agreement and Plan of Merger (Phelps Dodge Corp), Agreement and Plan of Merger (Caremark Rx Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent the ETP Parties or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent the ETP Parties shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Energy Transfer Partners, L.P.), Agreement and Plan of Merger (Energy Transfer Partners, L.P.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent in accordance with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Silverleaf Resorts Inc), Agreement and Plan of Merger (Silverleaf Resorts Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent Acquiror or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent Acquiror shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Kellanova), Agreement and Plan of Merger (Heska Corp), Agreement and Plan of Merger (Vca Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyPurchaser, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Acceptance Time and (b) prior to the Effective Acceptance Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Covidien PLC), Agreement and Plan of Merger (Aspect Medical Systems Inc), Agreement and Plan of Merger (Aspect Medical Systems Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this AgreementAgreement (including, without limitation, Section 6.2), the parties understand and agree that that: (a) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Hospitality Distribution Inc), Agreement and Plan of Merger (Cec Entertainment Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (GLORY STAR NEW MEDIA GROUP HOLDINGS LTD), Agreement and Plan of Merger (Fuling Global Inc.), Agreement and Plan of Merger (eLong, Inc.)
Control of Operations. Without in any way limiting any party’s parties’ rights or obligations under this Agreement, the parties understand acknowledge and agree that the restrictions set forth in this Agreement are not intended to give (a) nothing contained in this Agreement shall give Parent Parent, directly or indirectly, the right to control or direct the Company’s operations or (b) the Company, directly or indirectly, the right to control or direct the other partyParent’s operations operations, prior to the Effective Time and (b) prior Time. Prior to the Effective Time, each of Parent and the Company and Parent shall exercise, subject to and consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Noble Corp PLC), Agreement and Plan of Merger (Diamond Offshore Drilling, Inc.), Agreement and Plan of Merger (Diamond Offshore Drilling, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Board Appointment Date, and (bii) prior to the Effective TimeBoard Appointment Date, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bankrate, Inc.), Agreement and Plan of Merger (Bankrate Inc), Agreement and Plan of Merger (Bankrate Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations (or the operations of the other Party’s Subsidiaries) prior to the First Effective Time and (b) prior to the First Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Surgical Care Affiliates, Inc.), Agreement and Plan of Reorganization (Synageva Biopharma Corp), Agreement and Plan of Reorganization (Alexion Pharmaceuticals Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of Parent and the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Noble Corp), Agreement and Plan of Merger (Atwood Oceanics Inc), Agreement and Plan of Merger (Ensco PLC)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the earlier of the Acceptance Date and the Effective Time Time. Prior to the earlier of the Acceptance Date and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (BMCA Acquisition Sub Inc.), And Restated Agreement and Plan of Merger (Elkcorp), Agreement and Plan of Merger (CGEA Investor, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (PNK Entertainment, Inc.), Agreement and Plan of Merger (Pinnacle Entertainment Inc.), Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.)
Control of Operations. Without in any way limiting any party’s and subject to the parties’ rights or and obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Companyany party, directly or indirectly, the right to control or direct the operations of any other party’s operations prior to the Effective Time and (b) party prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rock-Tenn CO), Agreement and Plan of Merger (Rock-Tenn CO), Agreement and Plan of Merger (SMURFIT-STONE CONTAINER Corp)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyeither Party, directly or indirectly, the right to control control, direct or direct influence the other partyParty’s operations prior to the Effective Time Time, and (b) prior to the Effective Time, each of the Company and Parent shall Party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cardiovascular Systems Inc), Agreement and Plan of Merger (Gebr. Knauf Verwaltungsgesellschaft Kg), Agreement and Plan of Merger (Usg Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyany party hereto, directly or indirectly, the right to control or direct the any other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sparton Corp), Agreement and Plan of Merger (Sparton Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete and independent control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rti International Metals Inc), Agreement and Plan of Merger (Alcoa Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete and independent control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aleris Corp), Agreement and Plan of Merger (Aleris Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained Notwithstanding anything else in this Agreement shall give Parent or that may be deemed to the Companycontrary, nothing in this Agreement shall, directly or indirectly, the right to give any party control or direct the over any other party’s operations prior to the Effective Time and (b) prior to operations, business or decision-making before the Effective Time, each and control over all such matters shall remain in the hands of the Company and Parent shall exerciserelevant party, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Merger Agreement (Easterly Acquisition Corp.), Agreement and Plan of Merger (Easterly Acquisition Corp.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of Parent and the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Harris Corp /De/), Agreement and Plan of Merger (Exelis Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyTransitory Subsidiary, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Parent and the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Risley John Carter), Agreement and Plan of Merger (First Marblehead Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyPurchaser, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Acceptance Time and (b) prior to the Effective Acceptance Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Salesforce Com Inc), Agreement and Plan of Merger (Demandware Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Companyeither Party, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Merger Effective Time Time, and (b) prior to the Merger Effective Time, each of the Company and Parent Party shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aviv Reit, Inc.), Agreement and Plan of Merger (Omega Healthcare Investors Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained Notwithstanding anything in this Agreement shall give Parent or that may be deemed to the Companycontrary, nothing in this Agreement shall, directly or indirectly, the right to give any party control or direct over the other party’s operations prior to the Effective Time and (b) prior to operations, business or decision-making before the Effective Time, each and control over all such matters shall remain in the hands of the Company and Parent shall exerciserelevant party, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Allied Waste Industries Inc), Agreement and Plan of Merger (Republic Services Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyeither Party, directly or indirectly, the right to control control, direct or direct influence the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall Party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Symetra Financial CORP), Agreement and Plan of Merger (Protective Life Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyeither party, directly or indirectly, the right to control control, direct or direct influence the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Transcanada Corp), Agreement and Plan of Merger (Columbia Pipeline Group, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent the Buyer or the CompanyMerger Subsidiary, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Palomar Medical Technologies Inc), Agreement and Plan of Merger (Palomar Medical Technologies Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to (or the Effective Time operations of the other Party’s Subsidiaries) during the Pre-Closing Period and (bii) prior to during the Effective TimePre-Closing Period, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (TriVascular Technologies, Inc.), Agreement and Plan of Merger (Endologix Inc /De/)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing Nothing contained in this Agreement shall will give Parent or the Company, directly or indirectly, the right to direct or control or direct the other party’s and such party’s subsidiaries’ operations prior to the Effective Time and (b) prior Time. Prior to the Effective Time, each of Parent and the Company and Parent shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operationsrespective operations and the operations of its respective subsidiaries. Nothing in this Agreement, including any of the actions, rights or restrictions set forth herein, will be interpreted in such a way as to place Parent or the Company in violation of any applicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Reynolds American Inc), Agreement and Plan of Merger (British American Tobacco p.l.c.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent Acquiror or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (bii) prior to the Effective Time, each of the Company and Parent Acquiror shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Transaction Agreement (Chicago Bridge & Iron Co N V), Transaction Agreement (Shaw Group Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kimball International Inc), Agreement and Plan of Merger (Kimball International Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Company Merger Effective Time Time, and (bii) prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Griffin-American Healthcare REIT II, Inc.), Agreement and Plan of Merger (Northstar Realty Finance Corp.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Board Appointment Date, and (b) prior to the Effective TimeBoard Appointment Date, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dusa Pharmaceuticals Inc), Agreement and Plan of Merger (Inspire Pharmaceuticals Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Beckman Coulter Inc), Agreement and Plan of Merger (Danaher Corp /De/)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (WHITEWAVE FOODS Co)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give either Parent or the Company, directly or indirectly, the right to control or direct the other party’s Party's operations prior to the Effective Time and (b) prior to the Effective Time, each of the Parent and Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stratex Oil & Gas Holdings, Inc.), Agreement and Plan of Merger (RICHFIELD OIL & GAS Co)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Companyeither Party, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Merger Effective Time (with respect to Company, Company Operating Partnership, Parent and Parent Operating Partnership), and (b) prior to the Merger Effective Time, each of the Company and Parent Party shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Starwood Waypoint Residential Trust), Agreement and Plan of Merger (Colony Capital, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s 's operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete and independent control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Novelis Inc.), Agreement and Plan of Merger (Novelis Inc.)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent Kick or the CompanyPartnership, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Initial Effective Time and (b) prior to the Initial Effective Time, each of the Company Partnership and Parent Kick shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kodiak Gas Services, Inc.), Agreement and Plan of Merger (Kodiak Gas Services, Inc.)
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other party’s Company's operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Crane James R), Agreement and Plan of Merger (Macdermid Inc)
Control of Operations. Without in any way limiting any party’s Party's rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other party’s operations of the Company Entities prior to the Effective Time Closing and (b) prior to the Effective TimeClosing, each of Parent and the Company and Parent Entities shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its their own operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Membership Interest Transfer Agreement (Niska Gas Storage Partners LLC), Agreement and Plan of Merger and Membership Interest Transfer Agreement
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyPurchasers, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Closing Date, and (bii) prior to the Effective TimeClosing Date, each of the Company and Parent shall exercise, consistent with and subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (CNL Lifestyle Properties Inc), Purchase and Sale Agreement (Epr Properties)
Control of Operations. Without in any way limiting any either party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Callon Petroleum Co), Agreement and Plan of Merger (Carrizo Oil & Gas Inc)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the First Merger Effective Time Time, and (bii) prior to the First Merger Effective Time, each of the Company and Parent shall exercise, consistent with and subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Apollo Residential Mortgage, Inc.), Agreement and Plan of Merger (Apollo Commercial Real Estate Finance, Inc.)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent Company or the CompanyBuyer, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent Buyer shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Transaction Agreement (Borgwarner Inc), Transaction Agreement (Delphi Technologies PLC)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s or any Company Subsidiary’s operations prior to the Merger Effective Time Time, and (b) prior to the Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (OHI Healthcare Properties Limited Partnership), Agreement and Plan of Merger (MedEquities Realty Trust, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nts, Inc.), Agreement and Plan of Merger (CKX, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s or its Subsidiaries’ operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Verso Paper Corp.), Agreement and Plan of Merger (NewPage Holdings Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endurance International Group Holdings, Inc.), Agreement and Plan of Merger (Analogic Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing Nothing contained in this Agreement shall give (a) any Parent Party, directly or indirectly, the right to control or direct Company’s operations or (b) Company, directly or indirectly, the right to control or direct the other partyParent Party’s operations operations, prior to the Effective Time and (b) prior Time. Prior to the Effective Time, each of the Parent Party and Company and Parent shall exercise, subject to and consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other party’s operations Business prior to the Effective Time Closing and (b) prior to the Effective TimeClosing, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operationsthe operation of the Business.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ritchie Bros Auctioneers Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyany Party, directly or indirectly, the right to control control, direct or direct the influence any other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall Party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s Party's rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyeither Party, directly or indirectly, the right to control control, direct or direct influence the other party’s Party's operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall Party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Protective Life Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this AgreementAgreement (including, without limitation, Section 5.1), the parties understand and agree that that: (ai) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Archipelago Learning, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operationsAcceptance Date.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties The Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations (or the operations of the other Party’s Subsidiaries) prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Applied Micro Circuits Corp)
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other party’s Company's operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries' operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties hereto understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyany party hereto, directly or indirectly, the right to control control, direct or direct the influence any other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time Time, and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Inventure Foods, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing Nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.. ARTICLE VII
Appears in 1 contract
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent the Company or the CompanyBuyer, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent Buyer shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Transaction Agreement (Mimecast LTD)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give either Parent or the CompanyBRE, directly or indirectly, the right to control or direct the other party’s Party's operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company Parent and Parent BRE shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (EnerJex Resources, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyPurchaser, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Acceptance Time and (b) prior to the Effective Acceptance Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s Party's rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyeither Party, directly or indirectly, the right to control control, direct or direct influence the other party’s Party's operations prior to the Effective Time and Time, (b) prior to the Effective Time, each of the Company and Parent shall Party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s or its Subsidiaries’ operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.and
Appears in 1 contract
Samples: Agreement and Plan of Merger
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, except as set forth in the parties Stockholders Agreement to be entered into at the Closing, the Parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanySeller Parties, directly or indirectly, the right to control or direct the other partyBuyer Parent’s operations prior to the Effective Time operations, and (bii) prior to the Effective Time, each of the Company and Buyer Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Asset Purchase Agreement (Hudson Pacific Properties, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyany party hereto, directly or indirectly, the right to control control, direct or direct the influence any other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Marlin Business Services Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give the Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.. 5.13
Appears in 1 contract
Samples: 96592628v24 Agreement and Plan of Merger (Hni Corp)
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under set forth in this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of Parent and the Company and Parent shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.. Table of Contents
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nuveen Investments Inc)
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other party’s Company's operations prior to the Effective Time and (b) prior Acceptance Date. Prior to the Effective TimeAcceptance Date, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Metromedia International Group Inc)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give either Parent or the CompanyAgEagle, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company Parent and Parent AgEagle shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (EnerJex Resources, Inc.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties The Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other partyParty’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall will give Parent or the Companyeither Party, directly or indirectly, the right to control control, direct or direct influence the other partyParty’s operations prior to the Effective Time and Time, (b) prior to the Effective Time, each of the Company and Parent shall Party will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior Time. Prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any partyParty’s rights or obligations under this Agreement (or any Party’s rights as in effect separate and apart from this Agreement), the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time; and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other party’s Company's operations prior to the Effective Time Board Appointment Date, and (b) prior to the Effective TimeBoard Appointment Date, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyBuyer, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Closing, and (bii) prior to the Effective TimeClosing, each of the Company and Parent shall exercise, consistent with subject to the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Verizon Communications Inc)
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s 's operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alliance Data Systems Corp)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Acceptance Time, and (b) prior to the Effective Acceptance Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the earlier of the Acceptance Date and the Effective Time Time. Subject to the rights and (b) obligations of the parties hereunder, prior to the earlier of the Acceptance Date and the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Odyssey Healthcare Inc)
Control of Operations. Without in any way limiting any party’s hereto rights or obligations under this Agreement, the parties hereto understand and agree that (a) nothing contained in this Agreement shall give Parent or the Companyany of its Affiliates, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior Time. Prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Coinmach Service Corp)
Control of Operations. Without in any way limiting any party’s 's rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in this Agreement shall give Parent or the CompanyMerger Sub, directly or indirectly, the right to control or direct the other party’s Company's operations prior to the Effective Time and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Friendly Ice Cream Corp)
Control of Operations. Without in any way limiting any party’s and subject to the parties’ rights or and obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Digital Cinema Destinations Corp.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the The parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time and (b) prior Time. Prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control control, management and supervision over its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Talecris Biotherapeutics Holdings Corp.)
Control of Operations. Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (ai) nothing contained in 31344360_15 this Agreement shall give Parent or the CompanyParent, directly or indirectly, the right to control or direct the other partyCompany’s operations prior to the Effective Time Time, and (bii) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 1 contract
