NON-FRUSTRATION. The parties agree that they shall not take any actions during the term of this Agreement that would have the effect of frustrating or circumventing the purpose and intent of this Agreement; provided, however, that the foregoing shall not prevent the Stockholder Parties from effecting routine sales of Surviving Corporation equity securities in transactions (subject to securities laws restrictions) for purposes other than those prescribed in Section 3.03 and elsewhere in this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Holly Corp), Agreement and Plan of Merger (Giant Industries Inc), Major Stockholders' Agreement (Acridge James E)
