Common use of Takeover Provisions Clause in Contracts

Takeover Provisions. The Board of Directors of the Company has adopted a resolution or resolutions approving this Agreement, the Merger and the other transactions contemplated hereby, and assuming the accuracy of Parent’s representation and warranty contained in Section 4.14, such approval constitutes approval of the Merger and the other transactions contemplated hereby by the Board of Directors of the Company under the provisions of Section 203 of the DGCL such that Section 203 of the DGCL does not apply to this Agreement and the other transactions contemplated hereby. To the knowledge of the Company, no state takeover statute other than Section 203 of the DGCL (which has been rendered inapplicable) is applicable to the Merger or the other transactions contemplated hereby.

Takeover Provisions. The Board of Directors of the Company has unanimously adopted a resolution or resolutions approving this Agreement, the Merger and the other transactions contemplated hereby, and and, assuming the accuracy of Parent’s representation and warranty contained in Section 4.144.11, such approval constitutes approval of the Merger and the other transactions contemplated hereby by the Board of Directors of the Company under the provisions of Section 203 of the DGCL DGCL, such that the restrictions on business combinations contained in Section 203 of the DGCL does do not apply to this Agreement and the Merger or the other transactions contemplated hereby. To the knowledge of the Company, no state takeover statute other than Section 203 of the DGCL (which has been rendered inapplicable) is applicable to the Merger or the other transactions contemplated hereby.

Takeover Provisions. The Board board of Directors directors of the Company has unanimously adopted a resolution or resolutions approving this Agreement, the Merger and the other transactions contemplated hereby, and and, assuming the accuracy of Parent’s representation and warranty contained in Section 4.143.9, such approval constitutes approval of the Merger and the other transactions contemplated hereby by the Board board of Directors directors of the Company under the provisions of Section 203 of the DGCL DGCL, such that the restrictions on business combinations contained in Section 203 of the DGCL does do not apply to this Agreement and the Merger or the other transactions contemplated herebyTransactions. To the knowledge of the Company, no No state takeover statute other than Section 203 of the DGCL (which has been rendered inapplicable) is applicable to the Merger or the other transactions contemplated herebyTransactions.