Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (British American Tobacco p.l.c.), Agreement and Plan of Merger (Reynolds American Inc), Agreement and Plan of Merger (United Defense Industries Inc)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto. Sub was incorporated solely for the purpose of consummating the Transactions.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Morton Industrial Group Inc), Agreement and Plan of Merger (Alcon Holdings Inc), Agreement and Plan of Merger (Forrester Research Inc)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and thereunder and matters ancillary thereto.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ruby Merger Corp.), Agreement and Plan of Merger (Ruby Merger Corp.), Agreement and Plan of Merger (Retek Inc)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or business, conducted any operations or incurred any obligations or liabilities other than (i) the execution of this AgreementAgreement and the other agreements referred to herein, (ii) the performance of its obligations hereunder and thereunder, and (iii) matters ancillary hereto and thereto.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Whirlpool Corp /De/), Agreement and Plan of Merger (Whirlpool Corp /De/), Agreement and Plan of Merger (Maytag Corp)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary theretothereto (including, matters ancillary to the Existing Offer prior to the date of this Agreement).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Weyerhaeuser Co), Agreement and Plan of Merger (Willamette Industries Inc), Agreement and Plan of Merger (Weyerhaeuser Co)
Sub. (a) Since the date of its incorporation, Sub has not not, directly or through a Subsidiary, carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto. Sub was incorporated solely for the purpose of consummating the transactions contemplated hereby.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Aquent Inc), Agreement and Plan of Merger (Renaissance Worldwide Inc), Agreement and Plan of Merger (Renaissance Worldwide Inc)
Sub. (a) Since the date of its incorporation, Sub has ---- not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Schering Berlin Inc), Agreement and Plan of Merger (Diatide Inc)
Sub. (a) Since the date of its incorporation, Sub has ---- not carried on any business or conducted any operations other than the execution of this Agreementthe Transaction Agreements to which it is a party, the performance of its obligations hereunder and thereunder and matters ancillary thereto.
Appears in 2 contracts
Samples: Rights Agreement (Atlantic Richfield Co /De), Rights Agreement (Union Texas Petroleum Holdings Inc)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreementthe Transaction Agreements to which it is a party, the performance of its obligations hereunder and thereunder and matters ancillary thereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Warrantech Corp), Agreement and Plan of Merger (Ford Motor Co)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (I Stat Corporation /De/), Agreement and Plan of Merger (I Stat Corporation /De/)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than in connection with the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto. Sub was incorporated solely for the purpose of consummating the Merger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yak Communications Inc), Agreement and Plan of Merger (Globalive Communications Corp.)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreementthe Transaction Agreements, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tripoint Global Communications Inc)
Sub. (a) Since the date of its incorporation, --- Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 1 contract
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations operations, and will not do so, other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.ancillary
Appears in 1 contract
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations operations, other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cambridge Display Technology, Inc.)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations ---- other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Igen International Inc /De)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, Agreement and the performance of its obligations hereunder and matters ancillary theretohereunder. Sub was incorporated solely for the consummation of the transactions contemplated hereby.
Appears in 1 contract
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto. Sub was incorporated solely for the purpose of consummating the Recapitalization Transactions.
Appears in 1 contract
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreement, the performance of its obligations hereunder and matters ancillary thereto. Sub was incorporated solely for the purpose of consummating the Merger and the transactions contemplated thereby.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Proxymed Inc /Ft Lauderdale/)
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreementthe Transaction Agreements to which it is a party, the performance of its obligations hereunder and thereunder and matters ancillary thereto. Sub was incorporated solely for the consummation of the Transactions.
Appears in 1 contract
Samples: Conopco Inc
Sub. (a) Since the date of its incorporation, Sub has not carried on any business or conducted any operations other than the execution of this Agreementthe Transaction Agreements to which it is a party, the performance of its obligations hereunder and thereunder and matters ancillary thereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Paine Webber Group Inc)
