Short-Form Merger. Notwithstanding anything to the contrary in this Agreement, if, after the Acceptance Time and any exercise of the Top-Up Option, the shares of Company Common Stock owned by Merger Subsidiary represent at least ninety percent (90%) of the then-outstanding shares of Company Common Stock, the Company shall execute and deliver such documents and instruments and take such other actions as Parent or Merger Subsidiary may reasonably request in order to cause the Merger to be completed as promptly as reasonably practicable as provided in Section 3-106 of the MGCL, and otherwise as provided in ARTICLE 3. Subject to the Company’s compliance with Section 2.02(c), the Maryland Short Form Merger Notice will be disseminated with the Offer Documents to holders of shares of Company Common Stock.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Oracle Corp), Agreement and Plan of Merger (Micros Systems Inc), Agreement and Plan of Merger (Micros Systems Inc)
