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 48 contracts
Samples: Agreement and Plan of Merger (Battalion Oil Corp), Agreement and Plan of Merger (Battalion Oil Corp), Agreement and Plan of Merger (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: Agreement and Plan of Merger (United States Steel Corp), Agreement and Plan of Merger (Aerojet Rocketdyne Holdings, Inc.), Agreement and Plan of Merger (L3harris Technologies, Inc. /De/)
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: Agreement and Plan of Merger (Itxc Corp), Share Exchange Agreement (Baxter International Inc), Merger Agreement (Sapiens International Corp N V)
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: Voting Agreement (Straight Path Communications Inc.), Agreement and Plan of Merger (Straight Path Communications Inc.), Agreement and Plan of Merger (Ntelos Holdings Corp.)
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: Agreement and Plan of Merger (Windstream Holdings, Inc.), Agreement and Plan of Merger (EarthLink Holdings Corp.), Agreement and Plan of Merger (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 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 (Retirement Care Associates Inc /Co/), Agreement and Plan of Merger and Reorganization (Sun Healthcare Group 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: Agreement and Plan of Merger and Reorganization (Epoch Biosciences Inc), Agreement and Plan of Merger and Reorganization (At Plan Inc), Agreement and Plan of Merger (Sopheon PLC)
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: Agreement and Plan of Merger (Titanium Asset Management Corp), Agreement and Plan of Merger (X Rite Inc), Agreement and Plan of Merger (Stealth Acquisition Corp.)
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: Agreement and Plan of Merger and Reorganization (CRW Financial Inc /De), Agreement and Plan of Merger (Sirrom Capital Corp), Agreement and Plan of Merger and Reorganization (Telespectrum Worldwide 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 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: Registration Rights Agreement (Quiksilver Inc), Agreement and Plan of Merger and Reorganization (Tickets Com Inc), Agreement and Plan of Merger and Reorganization (Tickets Com 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: Agreement and Plan of Merger, Agreement and Plan of Merger (Avis Budget Group, Inc.), Agreement and Plan of Merger (Zipcar 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: Agreement and Plan of Merger (Western Wireless Corp), Agreement and Plan of Merger (CVC European Equity IV (AB) LTD), Agreement and Plan of Merger (Stanton John W)
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: Agreement and Plan of Merger (Frischs Restaurants Inc), Agreement and Plan of Merger (Harris Teeter Supermarkets, Inc.), Agreement and Plan of Merger (Kroger Co)
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: Agreement and Plan of Merger (Anteon International Corp), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Edo Corp), Agreement and Plan of Merger (Itt Corp)
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), Agreement and Plan of Merger (Netcreations 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: Agreement and Plan of Merger, Agreement and Plan of Merger (Valeant Pharmaceuticals International, 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 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 (Videsh Sanchar Nigam LTD), Agreement and Plan of Amalgamation (Teleglobe International Holdings LTD)
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 AgreementAgreement and applicable Law, including any Antitrust Law, complete control and supervision over its operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (National Instruments Corp), Agreement and Plan of Merger (Emerson Electric Co)
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: Stockholder Agreement (Messagemedia Inc), Agreement and Plan of Merger (Doubleclick Inc)
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: Voting Agreement (Thomas Properties Group Inc), Voting Agreement (Parkway Properties 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 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: Agreement and Plan of Merger (Samsonite Corp/Fl), Agreement and Plan of Merger (Alltel Corp)
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: Agreement and Plan of Merger (Titan Corp), Agreement and Plan of Merger (Lockheed Martin Corp)
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 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 2 contracts
Samples: Agreement and Plan of Merger (Prime Resource Inc), Agreement and Plan of Merger (BBM Holdings, 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: Agreement and Plan of Merger (Food Technology Service Inc), Agreement and Plan of Merger (Telanetix,Inc)
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
Samples: Agreement and Plan of Merger (Pomeroy It Solutions 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, 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
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
Samples: Agreement and Plan of Merger (Obagi Medical Products, 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.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Paradigm Holdings, Inc)
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 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
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
Samples: Agreement and Plan of Merger (Ness Technologies 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 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
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 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
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
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 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
Samples: Agreement and Plan of Merger (Alternative Resources 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 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
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
Samples: Agreement and Plan of Merger (Buffets Holdings, 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 '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
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
Samples: Agreement and Plan of Merger (Keithley Instruments Inc)
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 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.. Section 5.13
Appears in 1 contract
Samples: Agreement and Plan of Merger (Jones Lang Lasalle 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
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
Samples: Agreement and Plan of Merger (Usa Waste Services Inc)
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
Samples: Agreement and Plan of Merger (Ryans Restaurant Group 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
Samples: Agreement and Plan of Merger (Polypore International, 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 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Marketfirst Software Inc)
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
Samples: Agreement and Plan of Merger (PAETEC Holding Corp.)
Control of Operations. Nothing contained in this Agreement shall give Parentto Parent or Merger Sub, 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 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
Samples: Agreement and Plan of Merger (United Insurance Holdings Corp.)
Control of Operations. Nothing contained in this Agreement shall (a) give ParentParent or Purchaser, directly or indirectly, the right to control or direct the Company’s operations of the Company or the Company Subsidiaries prior to the Effective Time. Prior to the Effective Time, or (b) restrict the Company shall exerciseor the Company Subsidiaries from, consistent with or require the terms consent of Parent prior to, engaging in any transaction or entering into any agreement exclusively among the Company and conditions of this Agreement, complete control and supervision over its operationsthe Company Subsidiaries.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Crystal Rock Holdings, 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 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
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
