No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent Parties, directly or indirectly, the right to control or direct the Company’s, the Partnership’s or any Company Subsidiary’s operations prior to the Company Merger Effective Time. Prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.
Appears in 4 contracts
Samples: Merger Agreement (Healthpeak Properties, Inc.), Merger Agreement (Physicians Realty Trust), Merger Agreement (Extra Space Storage Inc.)
No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Partnership Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.
Appears in 3 contracts
Samples: Merger Agreement (Liberty Property Limited Partnership), Merger Agreement (Prologis, L.P.), Merger Agreement (Prologis, Inc.)
No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Merger Effective Time. Prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.
Appears in 2 contracts
Samples: Merger Agreement (Prologis, L.P.), Merger Agreement (DUKE REALTY LTD PARTNERSHIP/)
No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent Parties, directly or indirectly, the right to control or direct the Company’s’s or the Company Subsidiaries’ (including, for the avoidance of doubt, the Partnership’s or any Company Subsidiary’s ’s) operations prior to the Partnership Merger Effective Time, and nothing contained in this Agreement shall give the Company or the Partnership, directly or indirectly, the right to control or direct Parent’s or its Subsidiaries’ operations prior to the Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (InfraREIT, Inc.)
No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OPMerger Sub’s or any Parent Subsidiary’s operations prior to the Company Partnership Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.
Appears in 2 contracts
Samples: Merger Agreement (Potlatchdeltic Corp), Merger Agreement (CatchMark Timber Trust, Inc.)
No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Partnership Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiariessubsidiaries’ respective operations.
Appears in 2 contracts
Samples: Merger Agreement (Kimco Realty Corp), Merger Agreement (RPT Realty)
No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties(a) Parent or Merger Sub, directly or indirectly, the right or control to control or direct Parent’s, Parent OPthe Company’s or any Parent Subsidiary’s its subsidiaries’ operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of Time or (b) the Parent PartiesCompany, directly or indirectly, the right or control to control or direct the Company’s, the PartnershipParent’s or any Company Subsidiary’s its subsidiaries’ operations prior to the Company Merger Effective Time. Prior to the Company Merger Effective Time, each of (i) the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its subsidiaries’ operations and (ii) Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiariessubsidiaries’ respective operations.
Appears in 1 contract
Samples: Merger Agreement (Finisar Corp)
No Control of Other Party’s Business. Nothing contained Without in any way limiting any Party’s rights or obligations under this Agreement shall give any of the Company Parties(including Sections 5.1 and 5.2), directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent Partiesor Merger Sub, directly or indirectly, the right to control or direct the Company’s, the Partnership’s or any Company Subsidiary’s its subsidiaries’ or Affiliated Entities’ operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give the Company, directly or indirectly, the right to control or direct Parent’s or its subsidiaries’ operations prior to the Effective Time. Prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiariessubsidiaries’ and (in the case of the Company) Affiliated Entities’ respective operations.
Appears in 1 contract
