Common use of Control of Operations Clause in Contracts

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: Merger Agreement (Equitrans Midstream Corp), Merger Agreement (EQT Corp), Merger Agreement (Bioceres Crop Solutions Corp.)

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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: Merger Agreement (Patient Safety Technologies, Inc), Merger Agreement (Lufkin Industries Inc), Merger Agreement (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 13 contracts

Samples: Merger Agreement (IsoPlexis Corp), Merger Agreement (Berkeley Lights, Inc.), Merger Agreement (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: Merger Agreement (Sunoco LP), Merger Agreement (NuStar Energy L.P.), Merger Agreement (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: Merger Agreement (Tower Semiconductor LTD), Merger Agreement, Merger Agreement (Mellanox Technologies, 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 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 10 contracts

Samples: Merger Agreement (Neophotonics Corp), Merger Agreement (Lumentum Holdings Inc.), Merger Agreement (Central European Media Enterprises LTD)

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: Merger Agreement (Pacer International Inc), Merger Agreement (DPL Inc), Merger Agreement (Vertro, 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 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: Merger Agreement (Ii-Vi Inc), Merger Agreement (Coherent Inc), Agreement and Plan of Merger (Coherent 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: Merger Agreement (Targa Resources Corp.), Merger Agreement (Targa Resources Corp.), Merger Agreement (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: Merger Agreement (Emageon Inc), Merger Agreement (AMICAS, Inc.), Merger Agreement (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: Merger Agreement (Blue Apron Holdings, Inc.), Merger Agreement (Epizyme, Inc.), Merger Agreement (Houghton Mifflin Harcourt 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 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: Merger Agreement (Keypath Education International, Inc.), Merger Agreement (Hibbett Inc), Merger Agreement (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: Merger Agreement (Freeport McMoran Copper & Gold Inc), Merger Agreement (Phelps Dodge Corp), Merger Agreement (CVS 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 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: Merger Agreement, Merger Agreement (Energy Transfer Partners, L.P.), Merger Agreement (Energy Transfer Partners, L.P.)

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: Merger Agreement (LAIX Inc.), Merger Agreement (BlueCity Holdings LTD), Merger Agreement (Ma Baoli)

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 (CGEA Investor, Inc.), Merger Agreement (BMCA Acquisition Sub Inc.), Agreement and Plan of Merger (Elkcorp)

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: Merger Agreement (GLORY STAR NEW MEDIA GROUP HOLDINGS LTD), Merger Agreement (Fuling Global Inc.), Merger Agreement (eLong, 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, Merger Agreement (Hospitality Distribution Inc), Merger Agreement (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 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: Merger Agreement (Kellanova), Merger Agreement (Heska Corp), Merger Agreement (Vca 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 3 contracts

Samples: Merger Agreement (Kimball International Inc), Merger Agreement (Kimball International Inc), Merger Agreement (Hni 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: Merger Agreement (Cardiovascular Systems Inc), Merger Agreement (Gebr. Knauf Verwaltungsgesellschaft Kg), Agreement and Plan of Merger (Usg Corp)

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: Merger Agreement (Noble Corp PLC), Merger Agreement (Diamond Offshore Drilling, Inc.), Merger Agreement (Diamond Offshore Drilling, 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 (Alexion Pharmaceuticals Inc), Agreement and Plan of Reorganization (Synageva Biopharma 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 control and supervision over its and its Subsidiaries operations.

Appears in 3 contracts

Samples: Merger Agreement (PNK Entertainment, Inc.), Merger Agreement (Pinnacle Entertainment Inc.), Merger Agreement (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: Merger Agreement (Rock-Tenn CO), Merger Agreement (Rock-Tenn CO), Merger Agreement (SMURFIT-STONE CONTAINER 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 in accordance with the terms and conditions of this Agreement, complete control and supervision over its operations.

Appears in 3 contracts

Samples: Merger Agreement, Merger Agreement (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 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: Merger Agreement (Noble Corp), Merger Agreement (Ensco PLC), Merger Agreement (Atwood Oceanics 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: Merger Agreement (Aspect Medical Systems Inc), Merger Agreement (Aspect Medical Systems Inc), Merger Agreement (Covidien PLC)

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: Merger Agreement (Bankrate, Inc.), Merger Agreement (Bankrate Inc), Merger Agreement (Bankrate 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 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: Merger Agreement (Stratex Oil & Gas Holdings, Inc.), Merger Agreement (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 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: Merger Agreement, Merger Agreement (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 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), Merger Agreement (Palomar Medical Technologies Inc)

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: Merger Agreement (Callon Petroleum Co), Merger Agreement (Carrizo Oil & Gas 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 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: Merger Agreement (Transcanada Corp), Merger Agreement (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 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: Merger Agreement (Alcoa Inc.), Merger Agreement (Rti International Metals 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 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 (Epr Properties), Purchase and Sale Agreement (CNL Lifestyle 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 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: Merger Agreement (NewPage Holdings Inc.), Merger Agreement (Verso Paper 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 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: Merger Agreement (Risley John Carter), Merger Agreement (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 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.), Merger Agreement (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 (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 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: Merger Agreement (Republic Services Inc), Merger Agreement (Allied Waste Industries 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: Merger Agreement (Apollo Commercial Real Estate Finance, Inc.), Merger Agreement (Apollo Residential Mortgage, 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: Merger Agreement (Aleris Corp), Merger Agreement (Aleris 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 (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: Merger Agreement (TriVascular Technologies, Inc.), Merger Agreement (Endologix Inc /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 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 (Delphi Technologies PLC), Transaction Agreement (Borgwarner 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 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: Merger Agreement (Sparton Corp), Merger Agreement (Sparton 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 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: Merger Agreement (Colony Capital, Inc.), Merger Agreement (Starwood Waypoint Residential Trust)

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: Merger Agreement (Symetra Financial CORP), Merger Agreement (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 (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: Merger Agreement (Novelis Inc.), Merger Agreement (Novelis 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: Merger Agreement (Nts, Inc.), Merger Agreement (CKX, 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 CompanyHoldCo, directly or indirectly, the right to control or direct the other party’s operations of the Company or any of its Subsidiaries prior to the Effective Time Time, and (b) prior to the Effective Time, each of the Company and Parent its Subsidiaries shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ operations.

Appears in 2 contracts

Samples: Merger Agreement (New Frontier Public Holding Ltd.), Merger Agreement (New Frontier Health 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 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: Merger Agreement (Omega Healthcare Investors Inc), Merger Agreement (Aviv Reit, 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: Merger Agreement (Northstar Realty Finance Corp.), Merger Agreement (Griffin-American Healthcare REIT II, 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: Merger Agreement (Endurance International Group Holdings, Inc.), Merger Agreement (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 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: Merger Agreement (Dusa Pharmaceuticals Inc), Merger Agreement (Inspire 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 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: Merger Agreement (OHI Healthcare Properties Limited Partnership), Merger Agreement (MedEquities Realty Trust, 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: Merger Agreement (CSI Compressco LP), Merger Agreement (CSI Compressco LP)

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: Merger Agreement (Macdermid Inc), Merger Agreement (Crane James R)

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: Merger Agreement (Niska Gas Storage Partners LLC), Merger Agreement

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: Merger Agreement (Harris Corp /De/), Merger Agreement (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 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: Merger Agreement (Demandware Inc), Agreement and Plan of Merger (Salesforce Com Inc)

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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: Merger Agreement (Beckman Coulter Inc), Merger Agreement (Danaher Corp /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 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: Merger 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 (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 partyParty’s rights or obligations under this Agreement, the parties Parties understand and agree that (a) nothing contained in this Agreement shall give Parent Parent, on the one hand, or the Company, on the other hand, 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 1 contract

Samples: Merger Agreement (Tellurian 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 (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: Merger Agreement (Verizon Communications 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: Merger Agreement (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 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

Samples: Merger Agreement (Tangoe Inc)

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: Merger Agreement (Talecris Biotherapeutics Holdings Corp.)

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 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

Samples: Merger Agreement (Dril-Quip 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

Samples: Merger Agreement (Motive 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 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

Samples: Merger Agreement (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 (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

Samples: Merger Agreement (Presstek Inc /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 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

Samples: Merger Agreement (Nalco Holding CO)

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: Merger Agreement (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 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: Merger Agreement (EnerJex Resources, 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: Merger Agreement (Coinmach Service Corp)

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

Samples: Merger Agreement (Scana 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 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: Merger Agreement (Odyssey Healthcare 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 exercise de facto or de jure control over the operations, licenses, spectrum or direct the other party’s operations assets of any other party 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 operationsClosing.

Appears in 1 contract

Samples: Business Combination Agreement (Metropcs Communications 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 1 contract

Samples: Merger Agreement (Intricon Corp)

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: Merger Agreement (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 is intended to give Parent the Parent, US Holdco 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

Samples: Merger Agreement (Regal Entertainment Group)

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 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: Merger Agreement (Caucuscom Mergerco 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 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: Merger Agreement (EnerJex Resources, 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 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: Merger Agreement (Digital Cinema Destinations 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: Merger Agreement (Archipelago Learning, 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 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: Merger Agreement (Inventure Foods, Inc.)

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

Samples: Merger Agreement (Ruhnn Holding LTD)

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

Samples: Merger Agreement (Itamar Medical Ltd.)

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: Merger Agreement (Friendly Ice Cream 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 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: Merger Agreement (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

Samples: Merger Agreement (Amber Road, 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 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: Merger Agreement (Nuveen Investments Inc)

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

Samples: Merger Agreement (WalkMe 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 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

Samples: Merger Agreement (Elkcorp)

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

Samples: Merger Agreement (Ecolab 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: Merger Agreement (Alliance Data Systems Corp)

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.)

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