Permit. The Secretary of State of the State of North Carolina shall have approved the terms and conditions of the transactions contemplated by this Agreement, and the fairness of such terms and conditions following a hearing for such purpose, and shall have issued a North Carolina Permit, or in the event a North Carolina Permit shall not have been issued in a timely manner, HSNS shall have determined in its sole and absolute discretion to effect the issuance of the Stock Purchase Price in a private placement in accordance with applicable federal and state securities laws.
Appears in 2 contracts
Samples: Asset Purchase Agreement (High Speed Net Solutions Inc), Asset Purchase Agreement (High Speed Net Solutions Inc)
Permit. The Secretary of State of the State of North Carolina (or designee) shall have approved the terms and conditions of the transactions contemplated by this Agreement, and the fairness of such terms and conditions following a hearing for such purpose, and shall have issued a North Carolina Permit, or in the event a North Carolina Permit shall not have been issued in a timely manner, HSNS shall have determined in its sole and absolute discretion to effect the issuance of the Stock Purchase Price in a private placement in accordance with applicable federal and state securities laws, subject to the execution and delivery of a Registration Rights Agreement as contemplated in PARAGRAPH 8.12 below.
Appears in 2 contracts
Samples: Asset Purchase Agreement (High Speed Net Solutions Inc), Asset Purchase Agreement (High Speed Net Solutions Inc)
Permit. The Secretary of State of the State of North Carolina shall have approved the terms and conditions of the transactions contemplated by this Agreement, and the fairness of such terms and conditions following a hearing for such purpose, and shall have issued a North Carolina Permit, or in the event a North Carolina Permit shall not have been issued in a timely manner, HSNS Parent shall have determined in its sole and absolute discretion to effect the issuance of the Stock Purchase Price Total Merger Shares in a private placement in accordance with applicable federal and state securities laws, subject to the execution and delivery of a Registration Rights Agreement as contemplated in Section 6.2(e) below.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Tibco Software Inc)