Representation of the Xxxxxx Parties and the ACG Parties Sample Clauses

Representation of the Xxxxxx Parties and the ACG Parties. (a) Each of the ACG Parties and each of the Xxxxxx Parties represents that, as of the date hereof, such entity (in each case other than in connection with the Agreement and Plan of Merger and the Proposed Merger) (i) has not resolved to engage in any merger, consolidation, asset sale, or the purchase or acquisition of all or a substantial part of the assets of another entity and (ii) has not been a party to any agreement or engaged in any discussions or negotiations with any person that is reasonably likely to lead to any merger, consolidation, asset sale, or the purchase or acquisition of all or a substantial part of the assets of another entity, in each case, which would be material to the ACG Parties or the Xxxxxx Parties, respectively, except as set forth in Section 5.03(a)(v) hereof and subject to Section 8.08 hereof.
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Representation of the Xxxxxx Parties and the ACG Parties. Each of the ACG Parties and each of the Xxxxxx Parties represent that, as of the date hereof, such entity (in each case other than in connection with the Proposed Merger) (a) has not resolved to engage in any merger, consolidation, asset sale, or the purchase or acquisition of all or a substantial part of the assets of another entity and (b) has not been a party to any agreement or engaged in any discussions or negotiations with any person that is reasonably likely to lead to any merger, consolidation, asset sale, or the purchase or acquisition of all or a substantial part of the assets of another entity, in each case, which would be material to the ACG Parties or the Xxxxxx Parties, respectively.

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