Common use of Section 203 of the DGCL Not Applicable Clause in Contracts

Section 203 of the DGCL Not Applicable. Assuming the accuracy of the Buyer’s and the Merger Subsidiary’s representations and warranties set forth in Section 4.15, the Company Board has taken all actions necessary so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” (as defined in Section 203) shall not apply to the execution, delivery or performance of this Agreement, the Company Stockholder Agreements or the consummation of the Merger or the other transactions contemplated by this Agreement or the Company Stockholder Agreements.

Section 203 of the DGCL Not Applicable. Assuming the accuracy of the BuyerParent’s and the Merger SubsidiaryPurchaser’s representations representation and warranties warranty set forth in Section 4.155.7, 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, the Company Stockholder Agreements Agreement or the consummation of any of the Merger or the other transactions contemplated by this Agreement or the Company Stockholder AgreementsTransactions.

Section 203 of the DGCL Not Applicable. Assuming the accuracy The Board of Directors of the Buyer’s and the Merger Subsidiary’s representations and warranties set forth in Section 4.15, the Company Board has taken all actions necessary so that the restrictions contained in Section 203 of the DGCL applicable to a “"business combination” " (as defined in Section 203) shall will not apply to the execution, delivery or performance of this AgreementAgreement or the respective Stockholder Agreements dated as of the date hereof between Parent and certain stockholders of the Company (collectively, the Company Stockholder Agreements "Stockholders Agreements") or the consummation of the Merger or the other transactions contemplated by this Agreement or by the Company Stockholder Stockholders Agreements.

Section 203 of the DGCL Not Applicable. Assuming the accuracy The Board of Directors of the Buyer’s and the Merger Subsidiary’s representations and warranties set forth in Section 4.15, the Company Board has taken all actions necessary so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” (as defined in Section 203therein) shall will not apply to to, and no other “fair price,” “business combination,” “moratorium,” “control share acquisition” or other form of antitakeover law (each, a “Takeover Statute”) will apply to, the execution, delivery or performance of this Agreement, Agreement or the Company Stockholder Agreements or the consummation of the Merger or the other transactions contemplated by this Agreement or the Company Stockholder AgreementsAgreement.