Common use of Made Available Clause in Contracts

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that such information, document or other material was: (a) made available on the SEC website prior to the date of the Agreement; or (b) (i) with respect to such information, document or other material Made Available by the Company, such information, document or material was made available by the Company for review by Parent or Parent’s Representatives at least two Business Days immediately prior to the execution of the Agreement in the virtual data room maintained by the Company in connection with the Contemplated Transactions; and (ii) with respect to information, document or other material Made Available by Parent, such information, document or material was made available by Parent for review by the Company or the Company’s Representatives at least two Business Days immediately prior to the execution of the Agreement in the virtual data room maintained by Parent in connection with the Contemplated Transactions.

Appears in 2 contracts

Samples: Merger Agreement (Tidewater Inc), Merger Agreement (Gulfmark Offshore Inc)

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Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that such information, document or other material wasthat: (a) made available on the SEC website prior to the date of the Agreement; or (b) (i) with respect to such information, document or other material Made Available by the Company, : (i) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives at least two Business Days immediately days prior to the execution of the Agreement in the virtual data room maintained by the Company with XX Xxxxxxxxx Venue in connection with the Contemplated TransactionsTransactions or (ii) such information, document or material was publicly filed by the Company prior to the execution of this Agreement; and (iib) with respect to information, document or other material Made Available by Parent, : (i) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives at least two Business Days immediately days prior to the execution of the Agreement in the virtual data room maintained by Parent with Xxxxxxx Datasite in connection with the Contemplated Transactions; or (ii) such information, document or material was publicly filed by Parent prior to the execution of this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Opnext Inc), Merger Agreement (Oclaro, Inc.)

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