Common use of Irrevocable Appointment Clause in Contracts

Irrevocable Appointment. Subject to Section 12.6, the appointment of the Stockholders’ Representative hereunder is irrevocable and any action taken by the Stockholders’ Representative pursuant to the authority granted in this Article XII shall be effective and absolutely binding as the action of the Stockholders’ Representative under this Agreement, the Escrow Agreement and the Paying Agent Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acadia Healthcare Company, Inc.)

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Irrevocable Appointment. Subject to Section 12.69.4(g), the appointment of the Stockholders' Representative hereunder is irrevocable and any action taken by the Stockholders' Representative pursuant to the authority granted in this Article XII Section 9.4 shall be effective and absolutely binding as the action of the Stockholders' Representative under this Agreement, Agreement or the Escrow Agreement and the Paying Agent Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Laboratory Corp of America Holdings)

Irrevocable Appointment. Subject to Section 12.6, the The appointment of the Stockholders’ Stockholder Representative hereunder is duly made and irrevocable and any action taken by the Stockholders’ Stockholder Representative pursuant to the authority granted in this Article XII Section 11.15 shall be effective and absolutely binding as the action of the Stockholders’ Stockholder Representative under this Agreement, the Escrow Agreement and the Paying Agent Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (BlueLinx Holdings Inc.)

Irrevocable Appointment. Subject to Section 12.6, 6.3(k) the appointment of the Stockholders’ Representative hereunder is irrevocable and any action taken by the Stockholders’ Representative pursuant to the authority granted in this Article XII Section 6.3 shall be effective and absolutely binding as on the Company and each stockholder thereof notwithstanding any contrary action of of, or direction from, the Company or any Stockholder, except for actions taken by the Stockholders’ Representative under this Agreement, the Escrow Agreement and the Paying Agent Agreementthat are in bad faith.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ciena Corp)

Irrevocable Appointment. Subject to Section 12.67.8.8, the appointment of the Stockholders’ Representative hereunder is shall be deemed coupled with an interest and shall be irrevocable and and, subject to Section 7.8.3, any action taken by the Stockholders’ Representative pursuant to the authority granted in this Article XII Section 7.8 shall be effective and absolutely binding as the action of the Stockholders’ Representative under this Agreement, the Escrow Agreement and the Paying Agent Escrow Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (USA Mobility, Inc)

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Irrevocable Appointment. Subject to Section 12.611.8, the appointment of the Stockholders’ Representative hereunder is irrevocable and any action taken by the Stockholders’ Representative pursuant to the authority granted in this Article XII IX shall be effective and absolutely binding as the action of the Stockholders’ Representative under this Agreement, Agreement or the Escrow Agreement and the Paying Agent Agreement.. 81

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intercontinentalexchange Inc)

Irrevocable Appointment. Subject to Section 12.69.5(h), the appointment of the Stockholders’ Representative hereunder is irrevocable and any action taken by the Stockholders’ Representative pursuant to the authority granted in this Article XII shall be effective and absolutely binding as the action of the Stockholders’ Representative under this Agreement, the Escrow Agreement and the Paying Agent Agreement.this

Appears in 1 contract

Samples: Agreement and Plan of Merger (Transaction Systems Architects Inc)

Irrevocable Appointment. Subject to Section 12.69.4(h) above and Section 5(b) of the Common Equity Holders Agreement, the appointment of the Stockholders’ Representative hereunder is irrevocable and any action taken by the Stockholders’ Representative pursuant to the authority granted in this Article XII Agreement shall be effective and absolutely binding as the action of the Stockholders’ Representative under this Agreement, the Escrow Agreement and the Paying Agent AgreementTransaction Agreements.

Appears in 1 contract

Samples: Agreement and Plan (WII Components, Inc.)

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