Restructuring of Merger. Upon the mutual agreement of the Parent and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub or any other affiliate of the Parent, with Merger Sub or such affiliate being the surviving corporation, or as a merger of the Company into the Parent, with the Parent being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Recovery Engineering Inc), Agreement and Plan of Merger (Procter & Gamble Co)
Restructuring of Merger. Upon the mutual agreement of the Parent and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub or any other affiliate of the ParentSub, with Merger Sub or such affiliate being the surviving corporation, or as a merger of the Company into the Parent, with the Parent being the surviving corporation. In such event, this Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Value Health Inc / Ct), Agreement and Plan of Merger (Lukens Medical Corp)
Restructuring of Merger. Upon the mutual agreement of the Parent and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub or any other affiliate of the ParentSub, with Merger Sub or such affiliate being the surviving corporation, or as a merger of the Company into the Parent, with the Parent being the surviving corporation. In such event, this Amended and Restated Agreement shall be deemed appropriately modified to reflect such form of merger. Section 8.10.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Columbia Hca Healthcare Corp/)
Restructuring of Merger. Upon the mutual agreement of the Parent and the Company, the Merger shall be restructured in the form of a forward subsidiary merger of the Company into Merger Sub or any other affiliate of the ParentSub, with Merger Sub or such affiliate being the surviving corporation, or as a merger of the Company into the Parent, with the Parent being the surviving corporation. In such event, this Amended and Restated Agreement shall be deemed appropriately modified to reflect such form of merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Value Health Inc / Ct)
