Common use of Ownership of Common Shares Clause in Contracts

Ownership of Common Shares. Neither Parent nor Merger Sub, nor any of their respective Affiliates, owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares. Neither Parent nor Merger Sub is, and at no time during the last five (5) years has been, an “interested stockholder” of the Company, as such quoted term is defined in Section 203 of the DGCL.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Lifepoint Health, Inc.), Agreement and Plan of Merger (Multi Fineline Electronix Inc), Agreement and Plan of Merger (Omnicare Inc)

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Ownership of Common Shares. Neither As of the date hereof, neither Parent nor Merger Sub, nor any of their respective Affiliates, Sub owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares. Neither Shares and the Affiliates of Parent nor and Merger Sub is, and at no time during the last five (5) years has been, an “interested stockholder” as of the Companydate hereof do not own, as such quoted term is defined in Section 203 collectively, more than ten percent (10%) of the DGCLCommon Shares (beneficially or of record).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Usi Holdings Corp)

Ownership of Common Shares. Neither Parent nor Merger Sub, nor any of their respective Affiliates, owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares. Neither Parent nor Merger Sub is, and at no time during the last five (5) years has been, an “interested stockholder” of the Company, as such quoted term is defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cardiodynamics International Corp)

Ownership of Common Shares. Neither Parent nor Merger Sub, nor any of their respective Affiliates, owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares. Neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and at no time during the last five (5) three years has been, an “interested stockholder” of the Company, as such quoted term is terms are defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rf Monolithics Inc /De/)

Ownership of Common Shares. Neither Parent nor Merger Sub, nor any of their respective Affiliates, owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares. Neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and at no time during the last five (5) three years has been, an “interested stockholder” of the Company, as such quoted term is terms are defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” any shares of capital stock of the Company, as such quoted terms are defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Commscope Inc)

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Ownership of Common Shares. Neither Parent nor Merger Sub, nor any of their respective Affiliates, owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares and, except to the extent expressly contemplated by this Agreement, has no agreement, arrangement or understanding for the purposes of acquiring, holding, voting or disposing of any Shares with any other Person who beneficially owns, or whose Affiliates or associates beneficially own, directly or indirectly, Shares. Neither Parent nor Merger Sub is, and at no time during the last five (5) years has been, an “interested stockholder” of the Company, as such quoted term is defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Harrahs Entertainment Inc)

Ownership of Common Shares. Neither Parent nor Merger Sub, nor nor, to the Knowledge of Parent, any of their respective Affiliates, owns (beneficially or of record) any Common Shares or any option, warrant or other right to acquire any Common Shares. Neither Parent nor Merger Sub is, and at no time during the last five (5) years has been, an “interested stockholder” of the Company, as such quoted term is defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Friendly Ice Cream Corp)

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