Common use of Obligation of the Company to Terminate Existing Discussions Clause in Contracts

Obligation of the Company to Terminate Existing Discussions. The Company shall, shall cause its Subsidiaries to, and shall direct its and their respective Representatives to, cease immediately and cause to be terminated any and all existing activities, discussions or negotiations, if any, with any Third Party and its Representatives conducted on or prior to the date of this Agreement with respect to any Acquisition Proposal, and shall promptly after the date of this Agreement instruct any such Third Party and its Representatives in possession of confidential information heretofore furnished to such Third Party and its Representatives by or on behalf of the Company or any of its Subsidiaries (and all analyses and other materials prepared by or on behalf of such Third Party and its Representatives that contain, reflect or analyze that information) to return or destroy all such information as promptly as practicable.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Illumina Inc), Agreement and Plan of Merger (Pacific Biosciences of California, Inc.)

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Obligation of the Company to Terminate Existing Discussions. The Company shall, and shall cause its Subsidiaries to, and shall direct its and their respective Representatives to, cease immediately and cause to be terminated any and all existing activities, discussions or negotiations, if any, with any Third Party and its Representatives conducted on or prior to the date of this Agreement hereof with respect to any Acquisition Proposal, Proposal and shall promptly after the date of this Agreement instruct request that any such Third Party (together with its Representatives) that has executed a confidentiality agreement within the 24-month period prior to the date hereof and its Representatives that is in possession of confidential information heretofore furnished to such Third Party and its Representatives by or on behalf of the Company or any of its Subsidiaries (and all analyses and other materials prepared by or on behalf of such Third Party and its Representatives Person that containcontains, reflect reflects or analyze analyzes that information) to return or destroy all such information as promptly as practicable.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (NPS Pharmaceuticals Inc), Agreement and Plan of Merger (Shire Pharmaceutical Holdings Ireland Ltd.)

Obligation of the Company to Terminate Existing Discussions. The Company shall, and shall use its reasonable best efforts to cause its Subsidiaries to, and shall direct its and their respective Representatives to, cease immediately and cause to be terminated any and all existing activities, discussions or negotiations, if any, with any Third Party and its Representatives conducted on or prior to the date of this Agreement hereof with respect to any Acquisition Proposal, Proposal and shall promptly after the date of this Agreement instruct use its reasonable best efforts to cause any such Third Party (and its Representatives representatives) that has executed a confidentiality agreement within the 24-month period prior to the date hereof and that is in possession of confidential information heretofore furnished to such Third Party and its Representatives by or on behalf of the Company or any of its Subsidiaries (and all analyses and other materials prepared by or on behalf of such Third Party and its Representatives Person that containcontains, reflect reflects or analyze analyzes that information) to return or destroy all such information as promptly as practicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Omthera Pharmaceuticals, Inc.)

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Obligation of the Company to Terminate Existing Discussions. The Company shall, and shall cause its Subsidiaries to, and shall direct its and their respective Representatives to, cease immediately and cause to be terminated any and all existing activities, discussions or negotiations, if any, with any Third Party and its Representatives conducted on or prior to the date of this Agreement hereof with respect to any Acquisition ProposalProposal or Acquisition Inquiry and shall request that, and shall promptly after use its reasonable best efforts (to the date of this Agreement instruct extent not prohibited by an applicable confidentiality agreement) to cause any such Third Party (and its Representatives representatives) in possession of confidential information heretofore furnished to such Third Party and its Representatives by or on behalf of the Company or any of its Subsidiaries (and all analyses and other materials prepared by or on behalf of such Third Party and its Representatives Person that containcontains, reflect reflects or analyze analyzes that information) to return or destroy all such information as promptly as practicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hutchinson Technology Inc)

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