Initiating Lawsuits. Commence legal action other than (i) for the routine collection of bills, (ii) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business, provided that it consults with Parent prior to the commencement of such a suit, or (iii) for a breach of this Agreement;
Appears in 5 contracts
Samples: Merger Agreement (Flir Systems Inc), Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp), Merger Agreement (Phone Com Inc)
Initiating Lawsuits. Commence legal action other than (i) for the routine collection of bills, (ii) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business, provided that it consults with Parent prior to the commencement of such a suit, or (iii) for a breach of this Agreement or in connection with another dispute with Parent or Merger Sub relating to this Agreement;
Appears in 1 contract
Samples: Merger Agreement (Pixelworks Inc)
Initiating Lawsuits. Commence legal action other than (i) for the routine collection of bills, (ii) in such cases where the Company in good faith determines that failure to commence suit would could result in the material impairment of a valuable aspect of its businessor its subsidiaries' business or result in a loss of rights of substantial value, provided that it consults they consult with Parent Purchaser prior to the commencement of such a suit, or (iii) for a breach of this Agreement;
Appears in 1 contract
Samples: Merger Agreement (Quantum Corp /De/)