Rights Plan. The Company has taken all action so that (a) Parent shall not be an “Acquiring Person” under the Company Rights Plan and (b) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby will not result in the grant of any rights to any Person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereof.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (McData Corp), Merger Agreement, Agreement and Plan of Reorganization (Brocade Communications Systems Inc)
Rights Plan. The Company has taken all action so that (ai) Parent shall not be an “"Acquiring Person” " under the Company Rights Plan Agreement solely by virtue of the entering into of this Agreement and the performance of the transactions contemplated hereby, including the Merger, and (bii) the entering into of this Agreement and the Merger and the consummation performance of the other transactions contemplated hereby will not result in the grant of any rights to any Person person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereoftriggered.
Appears in 2 contracts
Samples: Merger Agreement (Yahoo Inc), Merger Agreement (Overture Services Inc)
Rights Plan. The Company has taken all action so that (a) Parent shall not be an “"Acquiring Person” " under the Company Rights Plan Agreement and (b) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby will not result in the grant of any rights to any Person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereof.
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Rights Plan. The Company has taken all action so that (a) Parent shall not be an “Acquiring Person” under the Company Rights Plan Agreement and (b) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby will not result in the grant of any rights to any Person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereof.
Appears in 1 contract
Samples: Merger Agreement (Digimarc Corp)
Rights Plan. The Company has taken all action so that (ai) Parent shall not be an “Acquiring Person” under the Company Rights Plan Agreement solely by virtue of the entering into of this Agreement and the performance of the transactions contemplated hereby, including the Merger, and (bii) the entering into of this Agreement and the Merger and the consummation performance of the other transactions contemplated hereby will not result in the grant of any rights to any Person person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereoftriggered.
Appears in 1 contract
Samples: Merger Agreement (Tarantella Inc)
Rights Plan. The Company has taken all action so that (ai) Parent shall not be an “"Acquiring Person” " under the Company Rights Plan Agreement and (bii) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby will not result in the grant of any rights to any Person person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereoftriggered.
Appears in 1 contract
Samples: Merger Agreement (Inktomi Corp)
Rights Plan. The Company has taken all action so that (ai) Parent shall not be an “Acquiring Person” under the Company Rights Plan Agreement and (bii) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby will not result in the grant of any rights to any Person person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereoftriggered.
Appears in 1 contract
Samples: Merger Agreement (Yahoo Inc)
Rights Plan. The Company has taken all action so that (a) Parent and Merger Sub shall not be an “Acquiring Person” under the Company Rights Plan Agreement and (b) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby will not result in the grant of any rights to any Person under the Company Rights Agreement or enable or require the Company Rights to be exercised, distributed or triggered as a result thereof.
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Rights Plan. The Company has taken all action so that (ai) neither Parent nor Acquisition Sub shall not be an “Acquiring Person” under the Company Rights Plan and (bii) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby hereby, including the Offer, will not result in the grant of any rights to any Person person under the Company Rights Agreement Plan or enable or require the Company Rights to be exercised, distributed or triggered as a result thereof.
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Rights Plan. The Company has taken all action so that (ai) neither Parent nor Merger Sub shall not be an “Acquiring Person” under the Company Rights Plan and (bii) the entering into of this Agreement and the Merger and the consummation of the other transactions contemplated hereby hereby, including the Offer, will not result in the grant of any rights to any Person person under the Company Rights Agreement Plan or enable or require the Company Rights to be exercised, distributed or triggered as a result thereof.
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