Takeover Statutes Not Applicable; No Rights Agreement. Assuming the accuracy of the representation and warranty contained in Section 4.9, no “moratorium,” “business combination,” “control share acquisition” or similar provision of any state anti-takeover Law, including Section 203 of the DGCL, or any similar anti-takeover provision in the certificate of incorporation or bylaws of the Company, is applicable to the transactions contemplated by this Agreement, including the Merger. The Company is not party to any stockholder rights agreement, “poison pill” or similar anti-takeover agreement or plan.
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Samples: Agreement and Plan of Merger (ORBCOMM Inc.), Agreement and Plan of Merger (Control4 Corp), Agreement and Plan of Merger (Financial Engines, Inc.)
Takeover Statutes Not Applicable; No Rights Agreement. Assuming the accuracy of the representation representations and warranty warranties contained in Section 4.94.8, no “moratorium,” “business combination,” “control share acquisition” or similar provision of any state anti-takeover Law, including Section 203 of the DGCL, or any similar anti-takeover provision in the certificate of incorporation or bylaws of the Company (including Article 13 of the Company’s certificate of incorporation), is applicable to the transactions contemplated by this Agreement, including the Merger. The Company is not party to any stockholder rights agreement, “poison pill” or similar anti-takeover agreement or plan. The Company and its Subsidiaries are not subject to Section 203 of the DGCL.
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Samples: Agreement and Plan of Merger (Global Brass & Copper Holdings, Inc.)
Takeover Statutes Not Applicable; No Rights Agreement. Assuming the accuracy of the representation representations and warranty warranties contained in Section 4.94.8, no “moratorium,” “business combination,” “control share acquisition” or similar provision of any state anti-takeover Law, including Section 203 of the DGCL, or any similar anti-takeover provision in the certificate of incorporation or bylaws of the Company, is applicable to the transactions contemplated by this Agreement, including the Merger. The As of the date hereof, the Company is not party to any stockholder rights agreement, “poison pill” or similar anti-takeover agreement or plan.
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