Section 203 of the DGCL Not Applicable. The Board of Directors of Target has taken all actions so that the restrictions contained in Section 203 of the Delaware Law applicable to a "business combination" (as defined in Section 203) will not apply to the execution, delivery or performance of this Agreement or the Stock Option Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement or by the Stock Option Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Cardiometrics Inc)
Section 203 of the DGCL Not Applicable. The Board of -------------------------------------- Directors of Target has taken all actions necessary action so that the restrictions contained in Section 203 of the Delaware Law DGCL applicable to a "business combination" (as defined in said Section 203) will not apply to the execution, delivery or performance of this Agreement or the Stock Option Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement or by the Stock Option Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Borland International Inc /De/), Agreement and Plan of Merger (Borland International Inc /De/)
Section 203 of the DGCL Not Applicable. The Board of Directors -------------------------------------- of Target has taken all actions so that the restrictions contained in Section 203 of the Delaware Law applicable to a "business combination" (as defined in Section 203) will not apply to the execution, delivery or performance of this Agreement or the Stock Option Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement or by the Stock Option Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
