Ownership of Company Common Stock. Neither Parent nor any of its Subsidiaries is, or has been at any time during the period commencing three years prior to the date hereof through the date hereof, an “interested stockholder” of the Company, as such term is defined in Section 203 of the DGCL.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sibanye Gold LTD), Agreement and Plan of Merger (Stillwater Mining Co /De/), Agreement and Plan of Merger (Valspar Corp)
Ownership of Company Common Stock. Neither the Parent nor any of its Subsidiaries the Purchaser is, or has been and at any no time during the period commencing past three years prior to the date hereof through the date hereof(3) has been, an “interested stockholder” of the Company, as such term is defined used in Section 203 of the DGCL.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Aspect Medical Systems Inc), Agreement and Plan of Merger (Aspect Medical Systems Inc), Agreement and Plan of Merger (Covidien PLC)
Ownership of Company Common Stock. (a) Neither Parent nor any of its Subsidiaries is, or has been nor at any time during the period commencing immediately preceding three (3) years prior to the date hereof through the date hereofhas been, an “interested stockholder” of the Company, Company as such term is defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Allos Therapeutics Inc), Agreement and Plan of Merger (Spectrum Pharmaceuticals Inc)
Ownership of Company Common Stock. Neither Parent nor None of Parent, Sub or any of its Subsidiaries their respective affiliates is, or has been nor at any time during the period commencing last three years prior to the date hereof through the date hereofhas been, an “interested stockholder” of the Company, Company as such term is defined in Section 203 of the DGCLDGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Qualcomm Inc/De), Agreement and Plan of Merger (Atheros Communications Inc)
Ownership of Company Common Stock. Neither Parent nor any of its Subsidiaries Affiliates is, or has been nor at any time during the period commencing last three years prior to the date hereof through the date hereofhas been, an “interested stockholder” of the Company, Company as such term is defined in Section 203 of the DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Epl Oil & Gas, Inc.), Agreement and Plan of Merger (Energy Xxi (Bermuda) LTD)
Ownership of Company Common Stock. Neither Parent nor any of its Subsidiaries is, or has been at any time during the period commencing three (3) years prior to the date hereof through the date hereof, an “interested stockholder” of the Company, as such term is defined in Section 203 of the DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (General Mills Inc), Agreement and Plan of Merger (Tumi Holdings, Inc.)
Ownership of Company Common Stock. Neither Parent nor any of its Subsidiaries is, or has been at any time during the period commencing three four years prior to the date hereof through the date hereof, (i) an “interested stockholdershareholder” of the Company, as such term is defined in Section 203 302A.673 of the DGCLMBCA or (ii) a “Related Person” as such term is defined in the Company’s articles of incorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (G&k Services Inc), Agreement and Plan of Merger (Cintas Corp)
Ownership of Company Common Stock. Neither Parent nor any of its Subsidiaries is, or has been at any time during the period commencing three (3) years prior to the date hereof that the Company Board approved this Agreement through the date hereof, an “interested stockholder” of the Company, as such term is defined in Section 203 of the DGCL. Neither Parent nor the Purchaser own as of the date of this Agreement, and prior to the Acceptance Time will not own, any shares of Company Common Stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cynosure Inc), Agreement and Plan of Merger (Hologic Inc)
Ownership of Company Common Stock. Neither Parent nor (a) None of Parent, Merger Sub or any of its Subsidiaries their “affiliates” or “associates” is, or has been at any time during or, in the three-year period commencing three years prior to the date hereof through the date hereof, has been, an “interested stockholder” of the Company, (as such term is terms are defined in Section 203 of the DGCL) of the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Waddell & Reed Financial Inc)
Ownership of Company Common Stock. Neither As of the date hereof, neither Parent nor Purchase nor any of its Subsidiaries their “affiliates” or “associates” is, or has been and at any no time during the period commencing last three years prior to the date hereof through the date hereofhas been, an “interested stockholder” of the CompanyCompany as defined in Section 203 of the DGCL, and neither Parent nor Purchaser “owns” any shares of capital stock of the Company as such term is defined in Section 203 of the DGCL.
Appears in 1 contract
Ownership of Company Common Stock. Neither Parent nor None of Parent, Sub or any of its Subsidiaries istheir Subsidiaries, “affiliates” or “associates” (as defined in Section 203 of the DGCL) is or has been at any time during since the period commencing date three (3) years prior to the date hereof through the date hereof, of this Agreement an “interested stockholder” of the Company, Company (as such term is defined in Section 203 of the DGCL).
Appears in 1 contract
Ownership of Company Common Stock. Neither Parent nor any of its Subsidiaries is, Affiliates or Associates “owns” (as defined in Section 203(c)(9) of the DGCL) or has been owned at any time during the period commencing three years prior to the date hereof through the date hereof, an “interested stockholder” of the Company, as such term is defined in Section 203 of the DGCLany Shares.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Creative Realities, Inc.)
Ownership of Company Common Stock. Neither None of Parent, Purchaser or any other Subsidiary of Parent nor any of its Subsidiaries is, or has been nor at any time during the period commencing last three years prior to the date hereof through the date hereofhas been, an “interested stockholder” of the Company, Company as such term is defined in Section 203 of the DGCL.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ultragenyx Pharmaceutical Inc.)
