Expiration in Connection with Consensual Merger. Notwithstanding anything to the contrary in this Agreement, this Agreement and the rights of holders of Rights under this Agreement will be automatically terminated in the event of any merger, amalgamation, arrangement or other acquisition transaction involving the Company pursuant to a merger, amalgamation, arrangement or other acquisition agreement between the Company and any Person (or one or more of such Person’s Affiliates or Associates) that has been approved by the Board prior to a Section 11(a)(ii) Event occurring with respect to such Person (or one or more of its Affiliates or Associates).
Appears in 4 contracts
Samples: Preferred Stock Rights Agreement (Forte Biosciences, Inc.), Preferred Shares Rights Agreement (Zymeworks Inc.), Preferred Stock Rights Agreement
Expiration in Connection with Consensual Merger. Notwithstanding anything to the contrary in this Agreement, this Agreement and the rights of holders of Rights under this Agreement will be automatically terminated in the event of any merger, amalgamation, arrangement or other acquisition transaction involving the Company pursuant to a merger, amalgamation, arrangement or other acquisition agreement between the Company and any Person (or one or more of such Person’s Affiliates or Associates) that has been approved by the Board prior to a Section 11(a)(ii) Event occurring with respect to such Person (or one or more of its Affiliates or Associates) (other than, for the avoidance of doubt, in connection with the Redomicile Transactions).
Appears in 2 contracts
Samples: Preferred Stock Rights Agreement (Zymeworks Delaware Inc.), Preferred Stock Rights Agreement (Zymeworks Delaware Inc.)
