Required Action and Forbearance. (a) Upon the terms and subject to the conditions set forth in this Agreement, Parent and Merger Sub, on the one hand, and (subject to the Company’s rights under Section 5.3, Section 5.4 and Section 5.5) the Company, on the other hand, shall take (or cause to be taken) all actions reasonably necessary, and do (or cause to be done), and assist and cooperate with the other party or parties hereto in doing, all things reasonably necessary, proper or advisable under applicable law or otherwise to consummate and make effective, in the most expeditious manner practicable, the Merger, including by:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Double-Take Software, Inc.)
Required Action and Forbearance. (a) Upon the terms and subject to the conditions set forth in this Agreement, Parent and Merger Sub, on the one hand, and (subject to the Company’s rights under Section 5.36.3, Section 5.4 6.4 and Section 5.56.5) the Company, on the other hand, shall use its reasonable best efforts to take (or cause to be taken) all actions reasonably necessaryactions, and do (or cause to be done), and assist and cooperate with the other party or parties hereto in doing, all things reasonably necessary, proper or advisable under applicable law Law or otherwise to consummate and make effective, in the most expeditious manner practicable, the Merger, including byusing their respective reasonable best efforts to:
Appears in 1 contract
Required Action and Forbearance. (a) Upon the terms and subject to the conditions set forth in this Agreement, Parent and Merger Sub, on the one hand, and (subject to the Company’s rights under Section 5.3, Section 5.4 and Section 5.5) the Company, on the other hand, shall take (or cause to be taken) all actions reasonably necessary, and do (or cause to be done), and assist and cooperate with the other party or parties hereto in doing, all things reasonably necessary, proper or advisable under applicable law Law or otherwise to consummate and make effective, in the most expeditious manner practicable, the Merger, including by:
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Commercial Lines Inc.)
Required Action and Forbearance. (a) Upon the terms and subject to the conditions set forth in this Agreement, Parent and Merger Sub, on the one hand, and (subject to the Company’s rights under express provisions of Section 5.35.2, Section 5.4 5.3 and Section 5.55.4) the Company, on the other hand, shall take (or cause to be taken) all actions reasonably necessary, and do (or cause to be done), and assist and cooperate with the other party or parties hereto in doing, all things reasonably necessary, proper or advisable under applicable law or otherwise to consummate and make effective, in the most expeditious manner practicable, the Merger, including by:
Appears in 1 contract