No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate of incorporation, the terms of this Agreement, including, without limitation, (x) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this Agreement, and (ii) this Agreement is executed by parties hereto. 7
Appears in 5 contracts
Samples: Tender Agreement (Logica PLC / Eng), Tender Agreement (Logica PLC / Eng), Tender Agreement (Logica PLC / Eng)
No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among between the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate Articles of incorporationIncorporation, the terms possible acquisition of the Shares by Parent pursuant to this Agreement, including, without limitation, (xii) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this AgreementMerger Agreement is executed by all parties thereto, and (iiiii) this Agreement is executed by all parties hereto. 7.
Appears in 3 contracts
Samples: Voting Agreement (Genomic Solutions Inc), Voting Agreement (Plug Power Inc), Voting Agreement (Harvard Bioscience Inc)
No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among between the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate Articles of incorporationIncorporation, the terms possible acquisition of the Shares by Bowmxx xxxsuant to this Agreement, including, without limitation, (xii) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this AgreementMerger Agreement is executed by all parties thereto, and (iiiii) this Agreement is executed by all parties hereto. 7.
Appears in 3 contracts
Samples: Voting Agreement (Bowmar Instrument Corp), Voting Agreement (Bowmar Instrument Corp), Voting Agreement (Bowmar Instrument Corp)
No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate of incorporation, the terms of this Agreement, including, without limitation, (x) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this Agreement, and (ii) this Agreement is executed by parties hereto. 7C-7
Appears in 1 contract
No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among between the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate Articles of incorporationIncorporation, the terms possible acquisition of the Shares by Parent pursuant to this Agreement, including, without limitation, (xii) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this AgreementMerger Agreement is executed by all parties thereto, and (iiiii) this Agreement is executed by all parties hereto. 7Exhibit A
Appears in 1 contract
Samples: Merger Agreement (H Power Corp)
No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate of incorporation, the terms of this Agreement, including, without limitation, (x) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this Agreement, and (ii) this Agreement is executed by parties hereto. 7E-7
Appears in 1 contract
No Agreement Until Executed. Irrespective of negotiations among the parties or the exchanging of drafts of this Agreement, this Agreement shall not constitute or be deemed to evidence a contract, agreement, arrangement or understanding among between the parties hereto unless and until (i) the Board of Directors of the Company has approved, for purposes of Section 203 of the Delaware General Corporation Law and any applicable provision of the Company's certificate Articles of incorporationIncorporation, the terms possible acquisition of the Shares by Parent pursuant to this Agreement, including, without limitation, (xii) the Stock Option and (y) the irrevocable proxy and voting provisions set forth in Section 4 of this AgreementMerger Agreement is executed by all parties thereto, and (iiiii) this Agreement is executed by all parties hereto. 7Exhibit C
Appears in 1 contract
Samples: Merger Agreement (H Power Corp)