No Short-Form Merger. CGE hereby agrees that until the third anniversary of the Closing Date, CGE agrees to not effect a "short-form" merger in which the shares of Class A Common Stock are converted into the right to receive cash pursuant to Section 253 of the DGCL (or any successor provision thereto) without the approval of a majority of the Independent Directors.
Appears in 5 contracts
Samples: Recapitalization Agreement (Vivendi), Recapitalization Agreement (Aqua Alliance Inc), Recapitalization Agreement (Vivendi)