Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 392 contracts
Samples: Indemnification Agreement (FBS Global LTD), Indemnification Agreement (ServiceTitan, Inc.), Independent Director Agreement (Fitness Champs Holdings LTD)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 352 contracts
Samples: Indemnification Agreement (Galaxy Gaming, Inc.), Indemnification Agreement (Galaxy Gaming, Inc.), Director Retainer Agreement (King Resources, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entitySurviving Entity) more than 50% of the combined voting power of the voting securities of the surviving entity Surviving Entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entitySurviving Entity;
Appears in 88 contracts
Samples: Indemnification Agreement (Agilon Health, Inc.), Indemnification Agreement (Agilon Health, Inc.), Indemnification Agreement (Acasti Pharma Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving or successor entity) more than 50% of the combined voting power of the voting securities of the surviving or successor entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving or successor entity;
Appears in 86 contracts
Samples: Indemnification Agreement (MeridianLink, Inc.), Indemnification Agreement (CRISPR Therapeutics AG), Indemnification Agreement (Septerna, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 77 contracts
Samples: Indemnity Agreement (CO2 Energy Transition Corp.), Indemnity Agreement (Viridian Therapeutics, Inc.\DE), Indemnity Agreement (Collective Audience, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and
Appears in 68 contracts
Samples: Indemnification Agreement (TWFG, Inc.), Indemnification Agreement (Capstone Dental Pubco, Inc.), Employment Agreement (InnovAge Holding Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and
Appears in 34 contracts
Samples: Indemnification & Liability (Ark Restaurants Corp), Indemnification & Liability (Portillo's Inc.), Indemnification Agreement (iFit Health & Fitness Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% a majority of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with which such shares give the holder(s) thereof the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 26 contracts
Samples: Indemnification Agreement (P10, Inc.), Employment Agreement (PLx Pharma Inc.), Employment Agreement (Dipexium Pharmaceuticals, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; or
Appears in 25 contracts
Samples: Indemnification Agreement (Sprinklr, Inc.), Indemnification Agreement (NKGen Biotech, Inc.), Indemnification Agreement (TriSalus Life Sciences, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty-one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 24 contracts
Samples: Deed of Indemnification and Advancement (Heramba Electric PLC), Deed of Indemnification and Advancement (Heramba Electric PLC), Indemnification Agreement (Syra Health Corp)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and
Appears in 22 contracts
Samples: Indemnification Agreement (Infinity Natural Resources, Inc.), Indemnification Agreement (Hornbeck Offshore Services Inc /La), Indemnification Agreement (WEBTOON Entertainment Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 20 contracts
Samples: Executive Employment Agreement, Indemnification Agreement (Andeavor), Indemnification Agreement (Icad Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5050.1% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 18 contracts
Samples: Indemnification Agreement (Pricesmart Inc), Indemnification Agreement (RestorGenex Corp), Indemnification Agreement (BioHorizons, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 17 contracts
Samples: Indemnification Agreement (Quest Patent Research Corp), Indemnification Agreement (Cue Biopharma, Inc.), Indemnification Agreement (Akerna Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than fifty percent (50% %) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 16 contracts
Samples: Indemnification Agreement (Reddit, Inc.), Indemnification & Liability (Abacus Life, Inc.), Indemnification Agreement (Hawaiian Holdings Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company an Indemnitor with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company an Indemnitor outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; or
Appears in 16 contracts
Samples: Deed of Indemnification (Kalera Public LTD Co), Deed of Indemnification (Kalera Public LTD Co), Deed of Indemnification (Kalera Public LTD Co)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or of consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 15 contracts
Samples: Management Agreement (Rudolph Technologies Inc), Management Agreement (Rudolph Technologies Inc), Indemnity Agreement (Ixl Enterprises Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entityentity in any such transaction) more than fifty percent (50% %) of the combined voting power of the voting securities of the such surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entitySurviving Entity;
Appears in 13 contracts
Samples: Indemnification Agreement (OptiNose, Inc.), Indemnification Agreement (OptiNose, Inc.), Indemnification Agreement (OptiNose, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entitySurviving Entity (as defined below)) more than 50% of the combined voting power of the voting securities of the surviving entity Surviving Entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entitySurviving Entity;
Appears in 12 contracts
Samples: Indemnification Agreement (Clean Energy Fuels Corp.), Indemnification & Liability (Skillsoft Corp.), Indemnification & Liability (ATI Physical Therapy, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;.
Appears in 10 contracts
Samples: Indemnification Agreement (EBR Systems, Inc.), Indemnification Agreement (Phoenix Motor Inc.), Indemnification Agreement (Lemonade, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board Board of directors Directors or other governing body of such surviving entity;
Appears in 10 contracts
Samples: Indemnification Agreement (Dutch Bros Inc.), Indemnity Agreement (C3.ai, Inc.), Indemnification Agreement (DigitalOcean Holdings, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 8 contracts
Samples: Indemnification Agreement (Montana Technologies Corp.), Indemnification Agreement (Spectaire Holdings Inc.), Indemnification Agreement (Bassett Furniture Industries Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in entity unless the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing transaction continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with transaction that have the power to elect at least a majority of the board of directors or other governing body of such surviving entity;.
Appears in 8 contracts
Samples: Indemnification Agreement (Maidenform Brands, Inc.), Indemnification Agreement (Orchard Supply Hardware Stores Corp), Indemnification Agreement (Maidenform Brands, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty-one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 8 contracts
Samples: Indemnification Agreement (Perspective Therapeutics, Inc.), Indemnification Agreement (Coursera, Inc.), Indemnity Agreement (Immersion Corp)
Corporate Transactions. The effective date of a A merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) [more than 50% %] of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 7 contracts
Samples: Indemnification Agreement (GP Investments Acquisition Corp.), Employment Agreement (Electronic Cigarettes International Group, Ltd.), Employment Agreement (Electronic Cigarettes International Group, Ltd.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 7 contracts
Samples: Indemnification Agreement (TTM Technologies Inc), Indemnification Agreement (Annie's, Inc.), Indemnification Agreement (Sabre Industries, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after following such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 7 contracts
Samples: Indemnification Agreement (Linkhome Holdings Inc.), Indemnification Agreement (Inno Holdings Inc.), Indemnification Agreement (CBTX, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entitySurviving Entity) more than 50% fifty-one percent (51%) of the combined voting power of the voting securities of the surviving entity Surviving Entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entitySurviving Entity;
Appears in 7 contracts
Samples: Indemnification Agreement (Carisma Therapeutics Inc.), Indemnification Agreement (Cue Health Inc.), Indemnification Agreement (Inozyme Pharma, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;; and
Appears in 7 contracts
Samples: Indemnification Agreement (Calumet, Inc. /DE), Indemnification Agreement (Solera Corp.), Indemnification Agreement (Cvent Holding Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5050.1% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; or
Appears in 6 contracts
Samples: Indemnification Agreement (Bio-Path Holdings Inc), General Release of Claims (Zogenix, Inc.), General Release of Claims (Zogenix, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entityentity (a “Corporate Transaction”);
Appears in 6 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Nlight, Inc.), Indemnification Agreement (Apptio Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;. For purposes of this Section 2(a), the following terms shall have the following meanings:
Appears in 5 contracts
Samples: Indemnification Agreement (Atlas Acquisition Holdings Corp.), Indemnification Agreement (NTR Acquisition Co.), Indemnification Agreement (Atlas Acquisition Holdings Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;. For purposes of this Section 2(a), the following terms shall have the following meanings:
Appears in 5 contracts
Samples: Indemnification Agreement (GHL Acquisition Corp.), Indemnity Agreement (Sidhu Special Purpose Capital Corp.), Indemnification Agreement (HCM Acquisition CO)
Corporate Transactions. The effective date of a A merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than fifty percent (50% %) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 5 contracts
Samples: Indemnification Agreement (Nutanix, Inc.), Indemnification Agreement (Loop Industries, Inc.), Indemnification Agreement (Yext, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5066.67% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 5 contracts
Samples: Indemnification Agreement (Trans World Corp), Indemnification Agreement (Stamford Industrial Group, Inc.), Indemnification Agreement (Armor Holdings Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty-one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 4 contracts
Samples: Indemnification Agreement (Albertsons Companies, Inc.), Indemnification Agreement (Keane Group, Inc.), Indemnification Agreement (Albertsons Companies, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities Voting Securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined total voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 3 contracts
Samples: Indemnification Agreement (Accpac International Inc), Indemnity Agreement (Sames Corp), Credit Agreement (Agway Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 3 contracts
Samples: Indemnification Agreement (NGM Biopharmaceuticals Inc), Indemnification Agreement (Abpro Corp), Indemnification Agreement (CST Brands, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after following such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 3 contracts
Samples: Indemnification Agreement (Spirit of Texas Bancshares, Inc.), Indemnification Agreement (Allegiance Bancshares, Inc.), Indemnification Agreement (Veritex Holdings, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5065% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 3 contracts
Samples: Indemnification Agreement (Forescout Technologies, Inc), Indemnification Agreement (Forescout Technologies, Inc), Indemnification Agreement (FireEye, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; or
Appears in 3 contracts
Samples: Change in Control Severance Benefits Agreement (Leadis Technology Inc), Change in Control Severance Benefits Agreement (Leadis Technology Inc), Change in Control Severance Benefits Agreement (Leadis Technology Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than fifty percent (50% %) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the governing board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification Agreement (Ameriprise Financial Inc), Indemnification Agreement (Ameriprise Financial Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification & Liability (Perimeter Solutions, SA), Indemnification Agreement (API Technologies Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5080% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification Agreement (Mosaic ImmunoEngineering Inc.), Indemnification Agreement (Patriot Scientific Corp)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% a majority of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification Agreement (AdaptHealth Corp.), Indemnification Agreement (CURO Group Holdings Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving or successor entity) more than 50% of the combined voting power of the voting securities of the surviving or successor entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving or successor entity;; (iv)
Appears in 2 contracts
Samples: Transition and Retirement Agreement (Faro Technologies Inc), Indemnification Agreement (Zendesk, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;.
Appears in 2 contracts
Samples: Indemnification Agreement (Bottomline Technologies Inc /De/), Indemnification Agreement (Bottomline Technologies Inc /De/)
Corporate Transactions. The effective date of a merger or consolidation of the Company or Holdings with any other entity, other than a merger or consolidation which would result in the voting securities of the Company or Holdings outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and
Appears in 2 contracts
Samples: Indemnification Agreement (Generac Holdings Inc.), Indemnification Agreement (Generac Holdings Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and (iv)
Appears in 2 contracts
Samples: Indemnification Agreement (Fortegra Group, Inc), Indemnification Agreement (Fortegra Group, LLC)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;. For purposes of this 1(b)(iii) surviving entity shall include any entity that controls, directly or indirectly, the surviving entity of such merger or consolidation; or
Appears in 2 contracts
Samples: Indemnification Agreement (Tempus AI, Inc.), Indemnification Agreement (iLearningEngines, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; or
Appears in 2 contracts
Samples: Indemnification Agreement (William Lyon Homes), Indemnification Agreement (William Lyon Homes)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% at least a majority of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and (iv)
Appears in 2 contracts
Samples: Indemnification Agreement (Proficient Auto Logistics, Inc), Indemnification Agreement (Fortegra Group, Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;.
Appears in 2 contracts
Samples: Change of Control Agreement (Transwitch Corp /De), Employment Agreement (Transwitch Corp /De)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other of this entity, other of this than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either eithis by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board Board of directors Directors or other of this governing body of such surviving entity;
Appears in 2 contracts
Samples: Officer Retainer Agreement (Kronos Advanced Technologies Inc), Officer Retainer Agreement (Kronos Advanced Technologies Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities shares of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities shares of the surviving entity) more than 50% of the combined voting power of the voting securities shares of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification Agreement (Establishment Labs Holdings Inc.), Indemnification Agreement (Establishment Labs Holdings Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with or into any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Lifelock, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation consolidation
1. continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Indemnification Agreement (Adaptive Insights Inc), Indemnification Agreement (Adaptive Insights Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than at least 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entityentity (a “Corporate Transaction”);
Appears in 2 contracts
Samples: Indemnification Agreement (Outerwall Inc), Indemnification Agreement (Vivint Solar, Inc.)
Corporate Transactions. The effective date of a merger merger, consolidation or consolidation of share exchange involving the Company with any other entityCorporation (a “Merger”), other than a merger or consolidation Merger which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation Merger continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation Merger and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 2 contracts
Samples: Severance Agreement (Mentor Graphics Corp), Letter Agreement (Mentor Graphics Corp)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or of consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051 % of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entityentity (an “Excluded Business Combination”);
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to before such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and
Appears in 1 contract
Samples: Indemnification Agreement (Qualigen Therapeutics, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% thirty percent (30%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with having the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or of consolidation continuing to represent 2 (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5050.1% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with having the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Ambassadors International Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) 51% or more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% a majority of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Company, which are outstanding immediately prior to such merger or consolidation consolidation, continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Dialysis Corp of America)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity entity, outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Ra Medical Systems, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty percent of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Thorne Healthtech, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entityentity or a sale of all or substantially all of the Company’s assets;
Appears in 1 contract
Samples: Indemnification Agreement (Hain Celestial Group Inc)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% a majority of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5030% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entitySurviving Entity) more than 50% of the combined voting power of the voting securities of the surviving entity Surviving Entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;Surviving Entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;;
Appears in 1 contract
Samples: Indemnification Agreement (ClearSign Technologies Corp)
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; and
Appears in 1 contract
Samples: Indemnification Agreement (Adeona Pharmaceuticals, Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty-one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;; iv.
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company Libbey with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Libbey outstanding immediately prior to before such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty-one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;.
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5050 % of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;.
Appears in 1 contract
Corporate Transactions. The effective date of a merger merger, share exchange or consolidation of the Company with any other entity, other than a merger merger, share exchange or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger merger, share exchange or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger merger, share exchange or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Philip Morris International Inc.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than [50% %] of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding outstanding
1. immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving or successor entity) more than 50% of the combined voting power of the voting securities of the surviving or successor entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving or successor entity;
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company Corporation with any other entity, other than a merger or consolidation which would result in the voting securities of the Company Corporation outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% fifty one percent (51%) of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors Board or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% at least a majority of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;.
Appears in 1 contract
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which that would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Thimble Point Acquisition Corp.)
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 50% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board of directors or other governing body of such surviving entity;; (iv)
Appears in 1 contract
Samples: Indemnification Agreement
Corporate Transactions. The effective date of a merger or consolidation of the Company with any other entity, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior to such merger or consolidation continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) more than 5051% of the combined voting power of the voting securities of the surviving entity outstanding immediately after such merger or consolidation and with the power to elect at least a majority of the board Board of directors Directors or other governing body of such surviving entity;
Appears in 1 contract
Samples: Indemnification Agreement (Aquinox Pharmaceuticals, Inc)
