Procedures for Requesting Parent Consent. Notwithstanding Section 8.2, if the Company desires to take any action which would be prohibited pursuant to Section 4.1(b) hereof without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e-mail or facsimile to the individuals identified on Schedule 4.2 hereof, and consent from any one such individual by email, facsimile or other writing shall satisfy such requirement.
Procedures for Requesting Parent Consent. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 hereof without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e-mail or facsimile to each of the following individuals: Xxxxxx Xxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail address: xxxxxxxxx@xxxxxxx.xxx Xxxxx X. Xxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail address: xxxxx@xxxxxxx.xxx Any of the parties set forth above may grant consent on behalf of Parent to the taking of any action which would otherwise be prohibited pursuant to Section 4.1 by e-mail or such other notice that complies with the provisions of Section 9.1.
Procedures for Requesting Parent Consent. Notwithstanding Section 10.2, if the Company desires to take any action which would be prohibited pursuant to Section 5.1(b) hereof without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e-mail or facsimile to the individuals identified on Schedule 5.2 hereof, and may not take such action until such consent in writing has been received from one of such individuals. Such individuals shall not unreasonably delay in responding to any such request.
Procedures for Requesting Parent Consent. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 of this Agreement without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e mail or facsimile to both of the following individuals: Xxxx Xxxxxx, VP Corporate Strategy & Development Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E mail address: xxxx.xxxxxx@xxxxxx.xxx Xxxxxxxx X. Xxxxx, Associate General Counsel Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E mail address: xxxxxxxx.xxxxx@xxxxxx.xxx
Procedures for Requesting Parent Consent. If Company desires to take an action which would be prohibited pursuant to Section 4.1 of this Agreement without the Written consent of Parent, prior to taking such action Company may request such Written consent by sending an e-mail or facsimile to each of: NetApp, Inc., 000 Xxxx Xxxx Xxxxx Xxxxxxxxx, XX 00000 Attention: General Counsel Facsimile: (000) 000-0000 Email: Xxxxxxx.Xxxxxxx@xxxxxx.xxx With a copy to: DLA Piper LLP (US) 0000 Xxxxxxxxxx Xxxxxx Xxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Attention: Xx Xxxxx, Esq. Email: xx.xxxxx@XXXXxxxx.xxx Facsimile No.: (000) 000-0000
Procedures for Requesting Parent Consent. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 hereof without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e-mail or facsimile to each of the following individuals (and Parent shall cause such individuals to respond in less than 72 hours to each such request, it being agreed that failure to so respond within such 72 hours (time being of the essence) shall be deemed the granting of consent by Parent):
(a) Xxxx Xxxxxx Telephone: (000) 000 0000 Facsimile: (000) 000 0000 E-mail address: xxxxxxx@xxxxx.xxx Xxxxxxx Xxxxx Telephone: (000) 000 0000 Facsimile: (000) 000 0000 Email address: xxxxxx@xxxxx.xxx
Procedures for Requesting Parent Consent. (a) If the Company shall desire to take an action which would be prohibited pursuant to Section 5.1(b) hereof without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e mail or facsimile to the following individual, and may not take such action until such consent in writing has been received from the following individual: Xxxxx X. Xxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E mail address: xxxxx.xxxxxxx@xxxxxxxxxxx.xxx
(b) Any request by the Company pursuant to this Section 5.2 shall be made in writing (including, without limitation, by electronic mail or facsimile), and Parent shall use commercially reasonable efforts to respond to such request in writing within five (5) Business Days of the receipt of such request. Notwithstanding anything to the contrary in this Section 5.2, the Company shall not be prohibited or otherwise restricted from taking any action that was requested by the Company in the manner set forth above and to which Parent did not respond within the aforementioned five (5) Business Day period.
Procedures for Requesting Parent Consent. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 hereof without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e-mail or facsimile to each of the following individuals. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 hereof but for the fact that such action relates to the CPE Business, promptly after taking any such action, the Company shall notify Parent of such action and provide, upon request, all relevant documentation relating to such action. Each of Pxxxxxx Xxxxxxxx and Rxxxx X. Xxxxxxx shall be authorized to provide such consent by e-mail or facsimile. Parent through Pxxxxxx Xxxxxxxx or Rxxxx X. Xxxxxxx shall use reasonable efforts to respond within five (5) business days following receipt of such request; provided that if no response is provided, Parent shall be deemed to have provided consent; provided further that, any response, including without limitation, a response that merely acknowledges receipt of the request, shall satisfy Parent’s obligation hereunder. Pxxxxxx X. Xxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail address: pxxxxxx.xxxxxxxx@xxxxxxxxxxx.xxx Rxxxx X. Xxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Email address: rxxxx.xxxxxxx@xxxxxxxxxxx.xxx Rxxxxx X. Day Wxxxxx Xxxxxxx Xxxxxxxx & Rxxxxx, P.C. Telephone: (000) 000-0000 Facsimile: (000) 000-0000 E-mail address: rxxx@xxxx.xxx
Procedures for Requesting Parent Consent. If the Company desires to take an action which would be prohibited pursuant to SECTION 5.1 of this Agreement without the written consent of Parent, prior to taking such action the Company may request such written consent by sending an e-mail or facsimile to both of the following individuals:
(a) General Counsel Telephone: (408)395-6529 Facsimile: (408) 354-2470 E-mail address: jo-anne.sincxxxx@xxxxxxxx.com
(b) Senior Vice Xxxxxxxxx Xxxxxxxxx Xxxxxxxxxnt Telephone: (978) 977-2041 Facsimile: (978) 977-2436 E-mail address: richard.palmxx@xxxxxxxx.xxm EXECUTION COPY
Procedures for Requesting Parent Consent. If the Company desires to take or not take any action that would require the written consent of Parent pursuant to Section 4.1, prior to taking or not taking such action, the Company may request such written consent by sending an email or fax to the individuals set forth on Schedule 4.3, or such individual’s designee, and the Company may not take or refrain from taking such action until such consent in writing (which may be by email or fax, with confirmation of receipt) has been received from one of the individuals on Schedule 4.3. Parent shall acknowledge such request promptly upon receipt and in any event respond to such request within one business day. If the Company does not receive a response within such period, it may notify Parent again using the procedures set forth above, and if the Company has not received a response within 24 hours of its second request, consent shall be deemed given by Parent for the Company to take or not take such action. The parties agree that should immediate action be required, they will use their commercially reasonable efforts to reach a decision regarding the consent as soon as possible.
