Common use of Right to Match Clause in Contracts

Right to Match. (a) Subject to Section 5.3(b), the Company covenants that it will not accept, approve, recommend or enter into any agreement, understanding or arrangement in respect of a Superior Proposal (other than a confidentiality agreement permitted by Section 5.2(d)) unless:

Appears in 1 contract

Samples: Arrangement Agreement (Hydrogenics Corp)

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Right to Match. (a) Subject to Section 5.3(b6.2(b), the Company covenants that it will not accept, approve, recommend or enter into any agreement, understanding or arrangement in respect of a Superior Proposal (other than a confidentiality agreement permitted by Section 5.2(d6.1(d)) unless:

Appears in 1 contract

Samples: Support Agreement (OSISKO MINING Corp)

Right to Match. (a) Subject to Section 5.3(b), the 8.3.1 The Company covenants that it will not accept, approve, endorse, recommend or enter into any agreement, understanding or arrangement in respect of a Superior Proposal (other than a confidentiality and standstill agreement permitted by Section 5.2(d)8.2.3) unless:

Appears in 1 contract

Samples: Arrangement Agreement

Right to Match. (a) Subject to Section 5.3(b), the The Company covenants that it will shall not approve, accept, approveendorse, recommend or enter into any agreement, understanding or arrangement in respect of a Superior Proposal (other than a confidentiality and standstill agreement permitted by Section 5.2(d7.2(c)) unless:

Appears in 1 contract

Samples: Arrangement Agreement (B2gold Corp)

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Right to Match. (a) Subject to Section 5.3(b7.2(b), the Company covenants that it will not accept, approve, recommend or enter into any agreement, understanding understanding, arrangement or arrangement Contract in respect of a Superior Proposal (other than a confidentiality agreement permitted by Section 5.2(d7.1(d)) unless:

Appears in 1 contract

Samples: Voting Agreement (Ad.Venture Partners, Inc.)

Right to Match. (a) Subject to Section 5.3(b), the The Company covenants that it will not, and that it will cause its Subsidiaries not to, accept, approve, recommend or enter into any agreement, understanding or arrangement in respect of a Superior Proposal (other than a confidentiality agreement permitted by Section 5.2(d6.5(a)) and the Company Board will not make a Change in Recommendation unless:

Appears in 1 contract

Samples: Arrangement Agreement (Bakbone Software Inc)

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