Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 50 contracts
Samples: Merger Agreement (Battalion Oil Corp), Merger Agreement (Battalion Oil Corp), Merger Agreement (Jounce Therapeutics, Inc.)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 21 contracts
Samples: Merger Agreement (United States Steel Corp), Merger Agreement (L3harris Technologies, Inc. /De/), Merger Agreement (Aerojet Rocketdyne Holdings, Inc.)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of Company and the Company Subsidiaries prior to the Effective Time. Prior to the Effective Time, the Company 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 (Itxc Corp), Merger Agreement (Doubleclick Inc), Merger Agreement (Doubleclick Inc)
Control of Operations. Nothing contained in this Agreement shall be deemed to give ParentParent or the Company, directly or indirectly, the right to control or direct the Company’s operations of the other prior to the Effective Time. Prior to the Effective Time, each of Parent and the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 9 contracts
Samples: Merger Agreement (Straight Path Communications Inc.), Merger Agreement (Straight Path Communications Inc.), Merger Agreement (Shenandoah Telecommunications Co/Va/)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company and the Company Subsidiaries prior to the Effective Time. Prior to the Effective Time, each of Parent and the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 6 contracts
Samples: Agreement and Plan of Merger and Reorganization (Sun Healthcare Group Inc), Agreement and Plan of Merger and Reorganization (Contour Medical Inc), Agreement and Plan of Merger and Reorganization (Sun Healthcare Group Inc)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 6 contracts
Samples: Merger Agreement (Epoch Biosciences Inc), Merger Agreement (Doubleclick Inc), Merger Agreement (At Plan Inc)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or the Company, directly or indirectly, the right to control or direct the Companyother’s operations prior to the Effective Time. Prior to the Effective Time, Parent and the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 6 contracts
Samples: Merger Agreement (Windstream Holdings, Inc.), Merger Agreement (EarthLink Holdings Corp.), Merger Agreement (Applera Corp)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the earlier of the Acceptance Time and the Effective Time. Prior to the earlier of the Acceptance Time and the Effective Time, the Company 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 (Titanium Asset Management Corp), Merger Agreement (X Rite Inc), Merger Agreement (Safenet Inc)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective TimeDate. Prior to the Effective TimeDate, the Company 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 (Cardionet Inc), Merger Agreement (Biotel Inc.), Merger Agreement (Biotel Inc.)
Control of Operations. Nothing contained in this Agreement shall is intended to give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, each of Parent and the Company shall will 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, Merger Agreement (Avis Budget Group, Inc.), Merger Agreement (Zipcar Inc)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations prior to before the Effective Time. Prior to Before the Effective Time, the Company 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 (Frischs Restaurants Inc), Merger Agreement (Kroger Co), Merger Agreement (Harris Teeter Supermarkets, Inc.)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, each of Parent and the Company 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 (Tickets Com Inc), Merger Agreement (Quiksilver Inc), Merger Agreement (Tickets Com Inc)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s 's operations prior to the Effective Time. Prior to the Effective Time, the Company 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 (Western Wireless Corp), Merger Agreement (CVC European Equity IV (AB) LTD), Merger Agreement (Stanton John W)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s 's operations prior to the Effective 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 respective operations.
Appears in 3 contracts
Samples: Merger Agreement (Sirrom Capital Corp), Merger Agreement (CRW Financial Inc /De), Merger Agreement (Telespectrum Worldwide Inc)
Control of Operations. Nothing contained in this Agreement shall give Parentto Acquiror, directly or indirectly, the right rights to control or direct the Company’s operations of Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries’ operations.
Appears in 2 contracts
Samples: Merger Agreement (Titan Corp), Merger Agreement (Lockheed Martin Corp)
Control of Operations. Nothing contained in this Agreement shall give to Parent, directly or indirectly, the right rights to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries' operations.
Appears in 2 contracts
Samples: Merger Agreement (Anteon International Corp), Merger Agreement (Anteon International Corp)
Control of Operations. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations. Notwithstanding anything to the contrary set forth in this Agreement, no consent of Parent shall be required with respect to any matter set forth in Section 4.1(a) or elsewhere in this Agreement to the extent that the requirement of such consent would, upon advice of outside counsel, violate applicable Regulatory Law.
Appears in 2 contracts
Samples: Merger Agreement (Edo Corp), Merger Agreement (Itt Corp)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company 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 (Alltel Corp), Merger Agreement (Samsonite Corp/Fl)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company and the Company Subsidiaries prior to the Effective Time. Prior to the Effective Time, the Company 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 Amalgamation (Teleglobe International Holdings LTD), Agreement and Plan of Amalgamation (Videsh Sanchar Nigam LTD)
Control of Operations. Nothing contained in this Agreement shall be deemed to give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and the Company Subsidiaries’ operations.
Appears in 2 contracts
Samples: Merger Agreement (Thomas Properties Group Inc), Merger Agreement (Parkway Properties Inc)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations prior to of the Effective TimeCompany or any of its Subsidiaries. Prior to the Effective Time, the Company and its Subsidiaries shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its their respective operations.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Valeant Pharmaceuticals International, Inc.)
Control of Operations. Nothing contained in this Restated Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of Company and the Company Subsidiaries prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Restated Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Messagemedia Inc), Agreement and Plan of Merger and Reorganization (Doubleclick Inc)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations. Nothing contained in this Agreement shall give the Company, directly or indirectly, the right to control or direct Parent’s or Merger Sub’s operations prior to the Effective Time. Prior to the Effective Time, each of Parent and Merger Sub 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 (Hilton Grand Vacations Inc.), Merger Agreement (Garrison Capital Inc.)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, subject to and consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Merger Agreement (Volt Information Sciences, Inc.), Merger Agreement (Saks Inc)
Control of Operations. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations. Notwithstanding anything to the contrary set forth in this Agreement, no consent of Parent shall be required with respect to any matter set forth in Section 6.2 (Company Forbearances) or elsewhere in this Agreement to the extent that the requirement of such consent would constitute a material violation of applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Food Technology Service Inc), Merger Agreement (Telanetix,Inc)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Lux Sub, directly or indirectly, the right to control or direct the Company’s operations of Company prior to the Effective Time. Prior to the Effective Time, the Company 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 (Seat Pagine Gialle Spa), Merger Agreement (Netcreations Inc)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations, subject to the covenants contained in this Agreement.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company 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. Nothing contained in this Agreement shall ----------------------- give Parentto Parent or Acquisition Sub, directly or indirectly, the right rights to control or direct the Company’s operations of Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries' operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give ParentParent or Purchaser, directly or indirectly, the right to control or direct the Company’s operations of the Company or any Company Subsidiary prior to the Effective TimeClosing. Prior to the Effective TimeClosing, each of Parent and the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give the Parent, directly or indirectly, the right rights to control or direct the Company’s 's operations prior to the Effective Time. Prior Subject to the Effective TimeSection 5.01, the Company shall exercise, consistent with the terms and conditions of this Agreement, have complete control and supervision over of its operations.
Appears in 1 contract
Samples: Merger Agreement (Selectica Inc)
Control of Operations. Nothing Except as provided for in this Agreement, nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior Except as provided for in this Agreement, prior to the Effective Time, the Company 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. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the operations of the Company and the Company Subsidiaries prior to the Effective Time. Nothing contained in this Agreement shall give the Company’s , directly or indirectly, the right to control or direct the operations of Parent and the Parent Subsidiaries prior to the Effective Time. Prior to the Effective Time, each of Parent and the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations. Notwithstanding the foregoing, Parent shall be provided a reasonable opportunity to review, if practicable, all material communications with the Company’s and the Company Subsidiaries’ employees relating to the Merger and the other transactions contemplated hereby prior to the Effective Time.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall be deemed to give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of Company or the Company Subsidiaries prior to the Effective Time. Prior to the Effective Time, the Company 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 (24/7 Media Inc)
Control of Operations. Nothing contained in this Agreement shall give ParentParent or the Carve-Out Buyer, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries’ operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the First Effective Time. Prior to the First Effective Time, the Company 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. Nothing contained in this Agreement shall --------------------- give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, each of Parent and the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its respective operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give either Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company or any of its Subsidiaries prior to the Effective Time. Prior to the Effective Time, the Company 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 (RCN Corp /De/)
Control of Operations. Nothing contained in this Agreement shall give Parentto Parent or Acquisition Sub, directly or indirectly, the right rights to control or direct the Company’s operations of Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries' operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s 's operations prior to the Effective Time; PROVIDED, that the foregoing shall not limit the obligations of the Company pursuant to Section 5.1. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operationsoperations (subject only to the covenants of the Company as set forth in Section 5.1).
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Control Time. Prior to the Effective Control Time, the Company shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations. Notwithstanding anything to the contrary set forth in this Agreement, no consent of Parent shall be required with respect to any matter set forth in Section 7.2 or elsewhere in this Agreement to the extent that the requirement of such consent would, upon advice of counsel, violate applicable law.
Appears in 1 contract
Samples: Merger Agreement (Analex Corp)
Control of Operations. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Applicable Time. Prior to the Effective Time, the Company 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. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s 's operations prior to the Effective Time. Prior to the Effective Time, the Company 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. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations. Notwithstanding anything to the contrary set forth in this Agreement, no consent of Parent shall be required with respect to any matter set forth in Section 7.2 or elsewhere in this Agreement to the extent that the requirement of such consent would, upon advice of counsel, violate applicable law.
Appears in 1 contract
Samples: Merger Agreement (Gtsi Corp)
Control of Operations. Nothing contained in this Agreement shall give to the Parent, directly or indirectly, the right rights to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries' operations.
Appears in 1 contract
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations, including the operations of the Proposed Divestitures, prior to the Effective Time. Prior to the Effective Time, the Company 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 (McClatchy Co)
Control of Operations. Nothing contained in this Agreement shall give ParentAcquiror, directly or indirectly, the right to control convert or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company 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. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s 's operations, including the operations of the Proposed Divestitures, prior to the Effective Time. Prior to the Effective Time, the Company 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 (Knight Ridder Inc)
Control of Operations. Nothing contained in this Agreement shall will give Parent, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company 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. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company and its Subsidiaries prior to the Effective Time. Prior to the Effective Time, the Company 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 (Simula Inc)
Control of Operations. Nothing contained in this Agreement shall give the Parent, directly or indirectly, the right rights to control or direct the Company’s operations prior to the Effective Time. Prior Subject to the Effective TimeSection 5.01, the Company shall exercise, consistent with the terms and conditions of this Agreement, have complete control and supervision over of its operations.
Appears in 1 contract
Samples: Merger Agreement (I Many Inc)
Control of Operations. Nothing contained in this Agreement shall give Parent, Guarantor or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations prior to the Effective Time. Prior to the Effective Time, the Company 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 (Encore Wire Corp)
Control of Operations. Nothing contained in this Agreement shall give (a) Parent, directly or indirectly, the right to control or direct the Company’s operations or (b) Company, directly or indirectly, the right to control or direct Parent’s operations, prior to the Effective Time. Prior to the Effective Time, the each of Parent and Company 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 (Seadrill LTD)
Control of Operations. Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the Effective TimeClosing. Prior to the Effective TimeClosing, the Company 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. Nothing contained in this Agreement shall give to the Parent, directly or indirectly, the right rights to control or direct the Company’s operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over of its and its Subsidiaries’ operations.
Appears in 1 contract
