Common use of Definition of Merger Agreement Clause in Contracts

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse to Stockholder, or (b) have been agreed to in writing by Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Equity Exchange Ratio in a manner adverse to Stockholder, or (b) have been agreed to in writing by Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration payable under the Merger Agreement or (ii) change the Exchange Ratio Ratio, in the case of (i) and (ii), in a manner materially adverse to such Stockholder, or (b) have been agreed to in writing by such Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (ai) do not (ix) change the form of consideration consideration, or (iiy) reduce the Merger Consideration or change the Exchange Ratio allocation of Merger Consideration among the VaxGen Stockholders in either case in a manner adverse to the Stockholder, or (bii) have been agreed to in writing by Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include includes such agreement as it shall be amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse from time to Stockholder, or (b) have been agreed to in writing by Stockholdertime.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may will include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration payable under the Merger Agreement or (ii) change the Exchange Ratio Ratios, in the case of (i) and (ii), in a manner materially adverse to the Stockholder, or (b) have been agreed to in writing by the Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse to a Stockholder, or (b) have been agreed to in writing by such Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include refers to such agreement as amended or modified as long as modified, solely to the extent such amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse to such Stockholder, or (b) have been agreed to in writing by such Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (awould not otherwise result in the termination of this Agreement pursuant to Section 2(d) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse to Stockholder, or (b) have been agreed to in writing by Stockholderhereof.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or (ii) change reduce the Exchange Ratio Merger Consideration in either case in a manner adverse to Stockholder, or (b) have been agreed to in writing by Seller Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or consideration, (ii) change the Exchange Ratio in a manner adverse to Stockholdersuch Shareholder or (iii) extend the End Date past November [21], 2023 (other than any extension provided for in Section 10.1(b) of the Merger Agreement with respect to the Registration Statement), or (b) have been agreed to in writing by Stockholdersuch Shareholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or consideration, (ii) change the Exchange Ratio in a manner adverse to Stockholdersuch Stockholder or (iii) extend the End Date past November [21], 2023 (other than any extension provided for in Section 10.1(b) of the Merger Agreement with respect to the Registration Statement), or (b) have been agreed to in writing by such Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or consideration, (ii) change the Exchange Ratio in a manner adverse to Stockholdersuch Shareholder or (iii) extend the End Date past November 22, 2023 (other than any extension provided for in Section 10.1(b) of the Merger Agreement with respect to the Registration Statement), or (b) have been agreed to in writing by Stockholdersuch Shareholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse to StockholderShareholder, or (b) have been agreed to in writing by StockholderShareholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not (i) change the form of consideration or consideration, (ii) change the Exchange Ratio in a manner adverse to Stockholdersuch Stockholder or (iii) extend the End Date past November 22, 2023 (other than any extension provided for in Section 10.1(b) of the Merger Agreement with respect to the Registration Statement), or (b) have been agreed to in writing by such Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” may include such agreement as amended or modified as long as such amendments or modifications (a) do not constitute an amendment, waiver or modification of Section 1.5 (i) change Conversion of Shares), or otherwise to the form of consideration consideration, Exchange Ratio, whether or (ii) change the Exchange Ratio in a manner adverse to Stockholdernot such sections are actually amended, waived or modified; or (b) have been agreed to in writing by Stockholder.

Definition of Merger Agreement. For purposes of this Agreement, the term “Merger Agreement” includes Amendment No. 1 to the Merger Agreement and Amendment No. 2 to the Merger Agreement and may include such agreement the Merger Agreement as further amended or modified as long as such further amendments or modifications (a) do not (i) change the form of consideration or (ii) change the Exchange Ratio in a manner adverse to Stockholder, or (b) have been agreed to in writing by Stockholder.