DGCL Section 203. None of Parent, the Purchaser or any of their “affiliates” or “associates” is, or at any time during the last three (3) years has been, an “interested stockholder” of the Company as such terms are defined in Section 203 of the DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Corning Inc /Ny), Agreement and Plan of Merger (Alliance Fiber Optic Products Inc)
DGCL Section 203. None of ParentNeither Parent nor Purchaser, the Purchaser or nor any of their “affiliates” affiliates or “associates” is, or at any time during the last three (3) years has been, been an “interested stockholder” of the Company Company, as such those terms are defined in Section 203 of the DGCL, within the prior three (3) years. As of the date hereof and at all times prior to the Effective Time, neither Parent nor Purchaser, nor any of their Affiliates, beneficially owns (within the meaning of the Exchange Act and the rules and regulations promulgated thereunder) any shares of Common Stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Akorn Inc), Agreement and Plan of Merger (Hi Tech Pharmacal Co Inc)