Section 203 of the DGCL Assuming the accuracy of the representations and warranties set forth in Section 4.8, the Company Board has taken all actions so that the restrictions applicable to business combinations contained in Section 203 of the DGCL shall be inapplicable to the execution, delivery and performance of this Agreement and to the consummation of the Offer, the Merger and the other Transactions.
Section 17 Right Certificate Holder Not Deemed a Stockholder................13 Section 18. Concerning the Rights Agent......................................14 Section 19. Merger or Consolidation or Change of Name of Rights Agent........14 Section 20.
Delaware Law The laws of the State of Delaware shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the Partners.
Section 12 2. No Payment When Senior Debt in Default; Payment Over of Proceeds Upon Dissolution, Etc........61 Section 12.3. Payment Permitted If No Default...............................................................62 Section 12.4. Subrogation to Rights of Holders of Senior Debt...............................................63 Section 12.5. Provisions Solely to Define Relative Rights...................................................63 Section 12.6.
Section 14 Term of Agreement; Resignation and Removal of Administrator; Waiver of Past Defaults.........................................8 Section 15. Action upon Termination, Resignation or Removal.................9 Section 16. Notices........................................................10 Section 17. Amendments.....................................................10 Section 18. Successors and Assigns.........................................10 Section 19.
Section 203 of the DGCL Not Applicable The Company Board has taken all actions necessary so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” with an “interested stockholder” (each as defined in Section 203) shall not apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement.
Waive Statutes Lessor and Lessee agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Premises with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent inconsistent herewith.
Section 16 The Company Board of Directors shall, to the extent necessary, take appropriate action, prior to or as of the Acceptance Time, to approve, for purposes of Section 16(b) of the Exchange Act, the disposition and cancellation of Shares (including derivative securities with respect to Shares) resulting from the transactions contemplated by this Agreement.
Application of Delaware Law This Agreement, and the application of interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of Delaware, and specifically the Delaware Act.
SECTION 110 Benefits of Indenture...................................17 SECTION 111. Governing Law...........................................17
