Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent or the Company.
Appears in 6 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Verint Systems Inc), Agreement and Plan of Merger (Epicor Software Corp)
Procedure Upon Termination. In the event of termination and abandonment by Parent Acquiror or the Company, or both, pursuant to Section 4.1 hereof, written notice thereof shall forthwith be given to the other party Party or parties, Parties and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent Acquiror or the Company.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Quovadx Inc), And Restated Agreement and Plan of Merger (Royal Gold Inc), Agreement and Plan of Merger (Battle Mountain Gold Exploration Corp.)
Procedure Upon Termination. In the event of termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 hereof9.2 hereof (other than pursuant to Section 9.2(b)), written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Novelis Inc.), Agreement and Plan of Merger (Aleris Corp), Agreement and Plan of Merger (Novelis Inc.)
Procedure Upon Termination. In the event of termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 10.2 hereof, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Michael Foods Group, Inc.), Agreement and Plan of Merger (Post Holdings, Inc.), Agreement and Plan of Merger (Michael Foods Inc/New)
Procedure Upon Termination. In the event of termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 hereof10.2, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BakerCorp International, Inc.), Agreement and Plan of Merger (United Rentals North America Inc)
Procedure Upon Termination. In the event of termination and abandonment by Parent Acquiror or the Company, or both, pursuant to Section 4.1 10.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger and the purchase of the Shares shall be abandoned, without further action by Parent Acquiror or the Company.
Appears in 2 contracts
Samples: Securities Purchase and Merger Agreement (Celestica Inc), Securities Purchase and Merger Agreement (Celestica Inc)
Procedure Upon Termination. In the event of termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 11.1 hereof, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amacore Group, Inc.), Agreement and Plan of Merger (Amacore Group, Inc.)
Procedure Upon Termination. In the event of termination and abandonment by Parent the Company or the CompanyParent, or both, pursuant to Section 4.1 hereof8.1, written notice thereof shall forthwith be given to the other party or parties, and the transactions contemplated by this Agreement shall terminate, and (including the Merger Merger) shall be abandoned, without further action by any of the Company, Parent or the CompanyMerger Sub.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Colfax CORP), Agreement and Plan of Merger (DJO Finance LLC)
Procedure Upon Termination. In the event of termination and abandonment by Parent Parent, MergerLLC, REG or the Company, or bothall, pursuant to Section 4.1 8.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger purchase of the Purchased Assets hereunder shall be abandoned, without further action by Parent Parent, MergerLLC, REG or the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Blackhawk Biofuels, LLC), Limited Liability Company Agreement (Blackhawk Biofuels, LLC)
Procedure Upon Termination. In the event of valid termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 hereof10.2, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Interline Brands, Inc./De)
Procedure Upon Termination. In the event of termination and abandonment by Parent Parent, Purchaser or the Company, or both, Seller pursuant to Section 4.1 4.2 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger purchase of the Assets hereunder shall be abandoned, without further action by Parent Parent, Purchaser or the CompanySeller.
Appears in 1 contract
Samples: Asset Purchase Agreement (Core-Mark Holding Company, Inc.)
Procedure Upon Termination. In the event of termination and abandonment by Parent Purchaser or the Company, or both, pursuant to Section 4.1 10.1 hereof, written the terminating party shall forthwith deliver notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger hereunder shall be abandoned, without further action by Parent Purchaser or the CompanyStockholder Representative.
Appears in 1 contract
Samples: Agreement and Plan of Merger (GTT Communications, Inc.)
Procedure Upon Termination. In the event of termination and abandonment by Parent the Company or the CompanyParent, or both, pursuant to Section 4.1 hereof8.01, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent Parent, Merger Sub or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Heritage Insurance Holdings, Inc.)
Procedure Upon Termination. In the event of termination and abandonment by Parent the Acquiror or the Company, or both, pursuant to Section 4.1 8.1 hereof, written notice thereof shall forthwith be given to the other party or parties, Party and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent the Acquiror or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Advanced Energy Industries Inc)
Procedure Upon Termination. In the event of termination and abandonment by Parent the Company or the CompanyParent, or both, pursuant to Section 4.1 hereof9.1 (other than Section 9.1(b)), written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by any of the Company, Parent or the CompanyMerger Sub.
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by the Board of Directors of Parent or by the Board of Directors of the Company, or both, pursuant to Section 4.1 13.1 hereof, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent or the Company.. If this Agreement is terminated as provided herein:
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 hereof9.1, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger hereunder shall be abandoned, without further action by Parent Parent, Merger Sub or the Company.
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent or and/or the Company, or both, Company pursuant to Section 4.1 8.1 hereof, written notice thereof shall forthwith be given to the other party or partiesParties, and this Agreement shall terminate, and the Merger and the other transactions contemplated hereunder shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gentiva Health Services Inc)
Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 8.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent the Company or the CompanyParent, or both, pursuant to Section 4.1 hereof8.01, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger Transactions shall be abandoned, without further action by any of the Company, Parent or the CompanyMerger Subs.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Abm Industries Inc /De/)
Procedure Upon Termination. In the event of termination and abandonment by Parent or the CompanyPartnership, or both, pursuant to Section 4.1 9.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger Mergers shall be abandoned, without further action by Parent or the CompanyPartnership.
Appears in 1 contract
Samples: Purchase Agreement and Agreement and Plan of Merger (Amsurg Corp)
Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Susser Holdings CORP)
Procedure Upon Termination. In the event of termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 4.2 hereof, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminateterminate (except for those provisions which by their terms survive termination), and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 8.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gener8 Maritime, Inc.)
Procedure Upon Termination. In the event of termination and abandonment of this Agreement by Parent or the Company, or both, pursuant to Section 4.1 5.2 hereof, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger contemplated hereby shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent the Company or the CompanyParent, or both, pursuant to Section 4.1 hereof8.1, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by any of the Company, Parent or the CompanyMerger Sub.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Berry Plastics Group Inc)
Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent or the Company.
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent or the CompanyShareholder Representative, or both, pursuant to Section 4.1 hereof13.1, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger hereunder shall be abandoned, without further action by Parent Parent, Company or the CompanyMajor Shareholders.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Susser Holdings CORP)
Procedure Upon Termination. In the event of termination and abandonment by Parent the Board of Directors of Plan B or the CompanyBuyer, or both, pursuant to Section 4.1 25.1 hereof, written notice thereof shall forthwith be given to the other party or partiesparty, and this Agreement shall terminate, and the Merger shall be abandoned, abandoned without further action by Parent Plan B or the Company.Buyer. If this Agreement is terminated as provided herein:
Appears in 1 contract
Procedure Upon Termination. In the event of termination and abandonment by Parent Parent, MergerLLC, REG or the Company, or bothall, pursuant to Section 4.1 9.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger purchase of the Purchased Assets hereunder shall be abandoned, without further action by Parent Parent, MergerLLC, REG or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Blackhawk Biofuels, LLC)
Procedure Upon Termination. In the event of termination and abandonment by Parent Purchaser or the Company, or bothas applicable, pursuant to Section 4.1 4.2 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, without further action by Parent Purchaser, Merger Sub, the Company or the Company.Sellers. 4.4
Appears in 1 contract
Samples: Agreement and Plan of Merger (Schweitzer Mauduit International Inc)
Procedure Upon Termination. In the event of termination and abandonment by Parent or the Company, or both, pursuant to Section 4.1 hereof, written notice thereof shall forthwith be given to the other party or parties, and this Agreement shall terminate, and the Merger shall be abandoned, terminate without further action by Parent or the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Universal American Financial Corp)
