Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Pure Atria Corp), Agreement and Plan of Reorganization (Rational Software Corp), Agreement and Plan of Reorganization (Rational Software Corp)
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror the Company has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cardiogenesis Corp)
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror Aurum has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or the Stock Option Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement or the Stock Option Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Aurum Software Inc)
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror USWeb has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 1 contract
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror MetaTools has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or the Stock Option Agreements or to the consummation of the Merger or the other transactions contemplated by this AgreementAgreement or the Stock Option Agreements.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Fractal Design Corp)
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror Allegro has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 1 contract
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror Target has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Petsmart Com Inc)
Section 203 of the. Delaware General Corporation Law Not Applicable. ------------------------------------------------------------------ The Board of Directors of Acquiror has taken all actions so that the restrictions contained in Section 203 of the Delaware General Corporation Law applicable to a "business combination" (as defined in such Section 203) will do not apply to the execution, delivery or performance of this Agreement or to the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 1 contract
