Common use of Ownership of Company Capital Stock Clause in Contracts

Ownership of Company Capital Stock. Neither Parent nor Purchaser is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient Funds

Appears in 2 contracts

Samples: Merger Agreement (Hewlett Packard Co), Merger Agreement (Opsware Inc)

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Ownership of Company Capital Stock. Neither Parent nor the Purchaser is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company as defined in Section 203 of the DGCL and in Section 1(g) of Article NINTH of the Company Charter (in each case, other than as contemplated by this Agreement). Section 4.8 Sufficient Funds.

Appears in 2 contracts

Samples: Merger Agreement (Advanced Medical Optics Inc), Merger Agreement (Abbott Laboratories)

Ownership of Company Capital Stock. Neither Parent nor Purchaser is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient Funds.

Appears in 2 contracts

Samples: Merger Agreement (North American Galvanizing & Coatings Inc), Merger Agreement (Azz Inc)

Ownership of Company Capital Stock. Neither Parent Company nor Purchaser any of its Subsidiaries is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company Parent as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient Funds.

Appears in 1 contract

Samples: Merger Agreement (Centillium Communications Inc)

Ownership of Company Capital Stock. None of the Parent, the Purchaser or any Parent Subsidiary beneficially owns any Shares as of the date hereof. Neither the Parent nor the Purchaser is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient Funds.

Appears in 1 contract

Samples: Merger Agreement (Gannett Co., Inc.)

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Ownership of Company Capital Stock. Neither Parent nor the Purchaser is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient FundsAs of the date hereof, none of Parent, the Purchaser or any of their respective affiliates beneficially own any Shares.

Appears in 1 contract

Samples: Merger Agreement (Sybase Inc)

Ownership of Company Capital Stock. Neither the Parent nor the Purchaser is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient Funds.

Appears in 1 contract

Samples: Merger Agreement (Buckeye Technologies Inc)

Ownership of Company Capital Stock. Neither Parent Company nor Purchaser any of its Subsidiaries is, nor at any time during the last three (3) years has it been, an "interested stockholder" of the Company Parent as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Section 4.8 Sufficient Funds.

Appears in 1 contract

Samples: Merger Agreement (Transwitch Corp /De)

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