Common use of Merger Approved Clause in Contracts

Merger Approved. The shareholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) the voting securities of the Company outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% of the combined voting power of the voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires more than 25% of the combined voting power of the Company's then outstanding securities.

Appears in 18 contracts

Samples: Change in Control (Versar Inc), Change in Control (Versar Inc), Change in Control (Versar Inc)

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Merger Approved. The shareholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) the voting securities of the Company outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% of the combined voting power of the voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires more than 25% of the combined voting power of the Company's ’s then outstanding securities.

Appears in 14 contracts

Samples: Change in Control Severance Agreement (Versar Inc), Severance Agreement (Versar Inc), Severance Agreement (Versar Inc)

Merger Approved. The shareholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) the voting securities of the Company outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% 51 percent of the combined voting power of the voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires more than 25% of the combined voting power of the Company's then outstanding securities.

Appears in 3 contracts

Samples: Executive Employment Agreement (Lodgian Inc), Employment Agreement (Lodgian Inc), Executive Employment Agreement (Lodgian Inc)

Merger Approved. The shareholders stockholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) unless the voting securities of the Company outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 7551% of the combined voting power of the voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires more than 25% of the combined voting power of the Company's then outstanding securities.

Appears in 3 contracts

Samples: Employment Agreement (Gelstat Corp), Employment Agreement (Viper Motorcycle Co), Employment Agreement (Gelstat Corp)

Merger Approved. The shareholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) the voting securities of the Company outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% 60 percent of the combined voting power of the voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing 51 percent or more than 25% of the combined voting power of the Company's then outstanding securities.

Appears in 3 contracts

Samples: Executive Retention Agreement (Harding Lawson Associates Group Inc), Retention Agreement (Harding Lawson Associates Group Inc), Executive Retention Agreement (Harding Lawson Associates Group Inc)

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Merger Approved. The shareholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) the voting securities of the Company outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% 50 percent of the combined voting power of the voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing 50 percent or more than 25% of the combined voting power of the Company's then outstanding securities.

Appears in 2 contracts

Samples: Retention Agreement (Resourcephoenix Com), Retention Agreement (Resourcephoenix Com)

Merger Approved. The shareholders stockholders of the Company Corporation approve a merger or consolidation of the Company Corporation with any other corporation unless: (a) the voting securities of the Company Corporation outstanding immediately before the merger or consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% of the combined voting power of the voting securities of the Company Corporation or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person person acquires more than 25% of the combined voting power of the Company's Corporation’s then outstanding securities.

Appears in 1 contract

Samples: Indemnification Agreement (Versar Inc)

Merger Approved. The shareholders of the Company approve a merger or consolidation of the Company with any other corporation unless: (a) the voting securities of the Company outstanding immediately before prior to the merger or of consolidation would continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 75% 75 percent of the combined voting power of the the, voting securities of the Company or such surviving entity outstanding immediately after such merger or consolidation; and (b) no Person acquires more than 25% 30 percent of the combined voting power of the Company's then outstanding securities.

Appears in 1 contract

Samples: Executive Severance Agreement (CNBT Bancshares Inc)

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