PROCEDURE FOR TERMINATION, AMENDMENT. EXTENSION OR WAIVER. A termination of this Agreement pursuant to Section 8.01, an amendment of this Agreement pursuant to Section 8.03 or an extension or waiver pursuant to Section 8.04 shall, in order to be effective, require in the case of Sub or the Company, action by its Board of Directors or the duly authorized designee of its Board of Directors. Termination of this Agreement prior to the Effective Time shall not require the approval of the stockholders of the Company.
Appears in 4 contracts
Samples: Merger Agreement (Boyd Gaming Corp), Stockholders Agreement (Boyd Gaming Corp), Merger Agreement (Boyd Gaming Corp)
PROCEDURE FOR TERMINATION, AMENDMENT. EXTENSION OR WAIVER. A termination of this Agreement pursuant to Section 8.01, an amendment of this Agreement pursuant to Section 8.03 or an extension or waiver pursuant to Section 8.04 shall, in order to be effective, require in the case of Purchaser, Merger Sub or the Company, action by its Board of Directors or the duly authorized designee of its Board of Directors. Termination of this Agreement prior to the Effective Time shall not require the approval of the stockholders of the Company.
Appears in 2 contracts
Samples: Merger Agreement (Verso Technologies Inc), Merger Agreement (MCK Communications Inc)
PROCEDURE FOR TERMINATION, AMENDMENT. EXTENSION OR WAIVER. A termination of this Agreement pursuant to Section 8.01, an amendment of this Agreement pursuant to Section 8.03 or an extension or waiver pursuant to Section 8.04 shall, in order to be effective, require in the case of Parent, Sub or the Company, action by its Board of Directors or the duly authorized designee or committee of its Board of Directors. Termination of this Agreement prior to the Effective Time shall not require the approval of the stockholders of the Company.
Appears in 1 contract
Samples: Merger Agreement (Roto-Rooter Inc)
