No Effect on Appraisal Rights. Neither any dilutive impact on the value of the shares of Company Common Stock as a result of the issuance of the Top-Up Shares or any effect of any promissory note delivered by Parent or Merger Sub to the Company as the Top-Up Consideration shall be taken into account in any determination of the fair value of any Appraisal Shares pursuant to Section 262 of the DGCL as contemplated by Section 4.3.
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Samples: Agreement and Plan of Merger (Southwall Technologies Inc /De/), Agreement and Plan of Merger (Solutia Inc)
No Effect on Appraisal Rights. Neither any Any dilutive impact on the value of the shares of Company Common Stock as a result of the issuance of the Top-Up Shares or any effect of any promissory note delivered by Parent or Merger Sub to the Company as the Top-Up Consideration shall will not be taken into account in any determination of the fair value of any Appraisal Shares pursuant to Section 262 of the DGCL as contemplated by Section 4.3.3.01(d). 5
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Samples: Agreement and Plan of Merger (Burger King Holdings Inc)
No Effect on Appraisal Rights. Neither Notwithstanding anything to the contrary set forth in this Agreement, any dilutive impact on the value of the shares of Company Common Stock as a result of the issuance of the Top-Up Option Shares or any effect of any promissory note delivered by Parent or Merger Sub to the Company as the Top-Up Consideration shall will not be taken into account in any determination of the fair value of any Appraisal Dissenting Shares pursuant to Section 262 of the DGCL as contemplated by Section 4.32.6, except as required by applicable Law.
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