Restructuring of Merger. Upon the mutual agreement of Purchaser and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub, with Merger Sub being the surviving corporation, or as a merger of the Company into Purchaser, with Purchaser being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (GKN Powder Metallurgy Inc), Agreement and Plan of Merger (Tambrands Inc), Agreement and Plan of Merger (Procter & Gamble Co)
Restructuring of Merger. Upon the mutual agreement of Purchaser and ----------------------- the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company with and into Merger Sub, with Merger Sub being the surviving corporation, or as a merger of the Company with and into Purchaser, with Purchaser being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Quad-C Inc), Agreement and Plan of Merger (Stimsonite Corp), Agreement and Plan of Merger (Avery Dennison Corporation)
Restructuring of Merger. Upon the mutual agreement of Purchaser and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company with and into Merger Sub, with Merger Sub being the surviving corporation, or as a merger of the Company with and into Purchaser, with Purchaser being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FTD Inc), Agreement and Plan of Merger (FTD Inc), Iii 5 Agreement and Plan of Merger (Telelogic Ab)
Restructuring of Merger. Upon the mutual agreement of Purchaser and ----------------------- the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub, with Merger Sub being the surviving corporation, or as a merger of the Company into Purchaser, with Purchaser being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 1 contract
Restructuring of Merger. Upon the mutual agreement of Purchaser and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub, with Merger Sub being the surviving Surviving corporation, or as a merger of the Company into Purchaser, with Purchaser being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Summit Petroleum Corp)