Common use of Merger Without Meeting of Stockholders Clause in Contracts

Merger Without Meeting of Stockholders. Notwithstanding Section 2.6, in the event that Purchaser shall acquire at least 90% of the outstanding shares of Seller Common Stock pursuant to the Offer or otherwise (the “Short Form Threshold”), subject to the terms and conditions hereof, the parties hereto agree to take all necessary and appropriate action to cause the Merger to become effective as soon as practicable after Purchaser obtains the Short Form Threshold without a meeting of stockholders of Seller, in accordance with Section 253 of the DGCL.

Merger Without Meeting of Stockholders. Notwithstanding Section 2.6If following first acceptance for payment of shares of Company Common Stock by the Purchaser pursuant to the Offer (the "Consummation of the Offer") (or any subsequent offering period), in the event that Purchaser shall acquire owns at least 90% 90 percent of the outstanding shares of Seller Company Common Stock pursuant to the Offer or otherwise (the “Short Form Threshold”)Stock, subject to the terms and conditions hereof, each of the parties hereto agree to shall take all necessary and appropriate action to cause the Merger to become effective as soon as practicable after Purchaser obtains such acquisition, without the Short Form Threshold without a meeting of stockholders of SellerCompany Stockholder Meeting, in accordance with Section 253 of the DGCLDelaware General Corporation Law (the "Delaware Act").

Merger Without Meeting of Stockholders. Notwithstanding the provisions of Section 2.6Section 2.9, in the event that Purchaser shall acquire at least 90% of the outstanding shares of Seller Common Stock Shares pursuant to the Offer or otherwise (the “Short Form Threshold”), subject to the terms and conditions hereofOffer, the parties hereto agree to take all necessary and appropriate action to cause the Merger to become effective as soon as practicable after the acceptance for payment of and payment for Shares by Purchaser obtains pursuant to the Short Form Threshold Offer without a meeting of stockholders of Sellerthe Company, in accordance with the provisions of Section 253 of the DGCL.

Merger Without Meeting of Stockholders. Notwithstanding Section 2.61.8 hereof, in the event that the Purchaser shall acquire at least 90% of the outstanding shares of Seller Common Stock each class of capital stock of the Company, pursuant to the Offer or otherwise (the “Short Form Threshold”), subject to the terms and conditions hereofotherwise, the parties hereto agree to take all necessary and appropriate action to cause the Merger to become effective as soon as practicable after Purchaser obtains the Short Form Threshold such acquisition, without a meeting of stockholders of Seller, in accordance with Section 253 of the DGCLCompany.

Merger Without Meeting of Stockholders. Notwithstanding Section 2.6As soon as practicable after the Purchaser has acquired, in pursuant to the event that Purchaser shall acquire Offer or otherwise, at least 90% of the then issued and outstanding shares of Seller Company Common Stock pursuant to the Offer or otherwise (the “Short Form Threshold”), subject to the terms and conditions hereofStock, the parties hereto agree Purchaser shall take, or cause to take be taken, all necessary and appropriate action to cause the Merger to become effective as soon as practicable after Purchaser obtains the Short Form Threshold effective, without a meeting of stockholders of Sellerthe Company, in accordance with Section 253 of the DGCL.

Merger Without Meeting of Stockholders. Notwithstanding Section 2.6As soon as practicable after the Purchaser has acquired, in pursuant to the event that Purchaser shall acquire Offer or otherwise, at least 90% of the then issued and outstanding shares of Seller Company Common Stock pursuant to the Offer or otherwise (the “Short Form Threshold”), subject to the terms and conditions hereofShares, the parties hereto agree Purchaser shall take, or cause to take be taken, all necessary and appropriate action to cause the Merger to become effective as soon as practicable after Purchaser obtains the Short Form Threshold effective, without a meeting of stockholders of Sellerthe Company, in accordance with Section 253 of the DGCL.