Negotiation with Others. (a) During the Executory Period, the Company and the Principal Shareholders shall not, and the Company shall not permit any agent or other representative of the Company or any Principal Shareholder to, directly or indirectly: (i) solicit, initiate or engage in discussions or engage in negotiations with any Person (whether such negotiations are initiated by the Company or Principal Shareholder or otherwise) or take any other action to facilitate the efforts of any Person, relating to the possible acquisition of the Company (whether by way of merger, purchase of capital stock, purchase or lease of Assets or otherwise) or any material portion of its capital stock or Assets (any such acquisition being referred to as an "Acquisition Transaction"); (ii) provide information to any Person, other than the Parent or Acquisition Sub, relating to a possible Acquisition Transaction; (iii) enter into an agreement with any Person, other than the Parent or Acquisition Sub, relating to or providing for a possible Acquisition Transaction; (iv) consummate an Acquisition Transaction with any Person other than the Parent or Acquisition Sub; or (v) make or authorize any statement, recommendation or solicitation in support of any possible Acquisition Transaction, unless the Parent or Acquisition Sub are a party to such Acquisition Transaction.
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Samples: Merger Agreement (Wireless Telecom Group Inc), Merger Agreement (Boonton Electronics Corp)
Negotiation with Others. (a) During the Executory Period, the Company and the Principal Shareholders shall not, and the Company shall not permit any agent or other representative of the Company or any Principal Shareholder to, directly or indirectly:
(i) solicit, initiate or engage in discussions or engage in negotiations with any Person (whether such negotiations are initiated by the Company or Principal Shareholder or otherwise) or take any other action to facilitate the efforts of any Person, relating to the possible acquisition of the Company (whether by way of merger, purchase of capital stock, purchase or lease of Assets or otherwise) or any material portion of its capital stock or Assets (any such acquisition being referred to as an "Acquisition Transaction");
(ii) provide information to any Person, other than the Parent or Acquisition Sub, relating to a possible Acquisition Transaction;
(iii) enter into an agreement with any Person, other than the Parent or Acquisition SubSub , relating to or providing for a possible Acquisition Transaction;
(iv) consummate an Acquisition Transaction with any Person other than the Parent or Acquisition Sub; or
(v) make or authorize any statement, recommendation or solicitation in support of any possible Acquisition Transaction, unless the Parent or Acquisition Sub are a party to such Acquisition Transaction.
Appears in 2 contracts
Samples: Merger Agreement (Boonton Electronics Corp), Merger Agreement (Wireless Telecom Group Inc)
Negotiation with Others. (a) During the Executory Period, the Company and the Principal Shareholders shall not, and the Company shall not permit any agent or other representative of the Company or any Principal Shareholder to, directly or indirectly:
(i) solicit, initiate or engage in discussions or engage in negotiations with any Person (whether such negotiations are initiated by the Company or Principal Shareholder or otherwise) or take any other action to facilitate the efforts of any Person, relating to the possible acquisition of the Company (whether by way of merger, purchase of capital stock, purchase or lease of Assets or otherwise) or any material portion of its capital stock or Assets (any such acquisition being referred to as an "Acquisition Transaction");
(ii) provide information to any Person, other than the Parent or Acquisition Sub, relating to a possible Acquisition Transaction;
(iii) enter into an agreement with any Person, other than the Parent or Acquisition SubSub , relating to or providing for a possible Acquisition Transaction;
(iv) consummate an Acquisition Transaction with any Person other than the Parent or Acquisition Sub; or
(v) make or authorize any statement, recommendation or solicitation in support of any possible Acquisition Transaction, unless the Parent or Acquisition Sub are a party to such Acquisition Transaction.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Chem International Inc)
Negotiation with Others. (a) During the Executory Period, the Company and the Principal Shareholders Key Stockholders shall not, and the Company shall not permit any agent or other representative of the Company or any Principal Shareholder Key Stockholder to, directly or indirectly:
(i) solicit, initiate or engage in discussions or engage in negotiations with any Person (whether such negotiations are initiated by the Company or Principal Shareholder Key Stockholder or otherwise) or take any other action to facilitate the efforts of any Person, relating to the possible acquisition of the Company (whether by way of merger, purchase of capital stockCompany Common Stock, purchase or lease of Assets or otherwise) or any material portion of its capital common stock or Assets (any such acquisition being referred to as an "?Acquisition Transaction"?);
(ii) provide information to any Person, other than the Parent or Acquisition Sub, relating to a possible Acquisition Transaction;
(iii) enter into an agreement with any Person, other than the Parent or Acquisition Sub, relating to or providing for a possible Acquisition Transaction;
(iv) consummate an Acquisition Transaction with any Person other than the Parent or Acquisition Sub; or
(v) make or authorize any statement, recommendation or solicitation in support of any possible Acquisition Transaction, unless the Parent or Acquisition Sub are a party to such Acquisition Transaction.
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