State Takeover Statutes; Rights Agreement. (a) The Board of Directors of the Company has, to the extent such statutes are applicable, taken all action so to render the provisions of Section 203 of the DGCL inapplicable to the Offer, the Merger and the Stockholder Agreements and the consummation of the transactions contemplated by this Agreement and the Stockholder Agreements. As of the date hereof, no other state takeover statute or similar charter or bylaw provisions are applicable to the Offer, the Merger, this Agreement, the Stockholder Agreements and the transactions contemplated hereby and thereby.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Smith & Nephew Inc), Agreement and Plan of Merger (Exogen Inc), Agreement and Plan of Merger (Smith & Nephew Holdings Inc)
