Merger; Acquisitions. The Company shall not: -------------------- (a) consolidate with or merge into any other Person, (b) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the assets of, or by any other manner, any business or any Person or division thereof, (c) otherwise acquire or agree to acquire any assets which are material to the Company except in the ordinary course of business consistent with prior practice; or (d) acquire any stock or other equity securities of any Person.
Appears in 3 contracts
Samples: National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc)
Merger; Acquisitions. The Except with contemporaneous notice to Guidant, the Company shall not: --------------------
not (a) consolidate with or merge into any other Person,
, (b) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the assets of, or by any other manner, any business or any Person corporation, partnership, association or other business organization or division thereof,
, or (c) otherwise acquire or agree to acquire any assets which are material to the Company except in the ordinary course of business consistent with prior practice; or
(d) acquire any stock or other equity securities of any Person.
Appears in 1 contract
Samples: Convertible Subordinated Note Agreement (Micro Therapeutics Inc)
