Common use of Termination of Company Employee Stock Purchase Plans Clause in Contracts

Termination of Company Employee Stock Purchase Plans. Prior to the Effective Time, each of the Company Purchase Plans, if any, shall be terminated. The rights of participants in each Company Purchase Plan with respect to any offering period then underway under such Company Purchase Plan shall be determined by treating the last Business Day prior to, or if more administratively advisable, the last payroll date of the Company immediately prior to, the Effective Time, as the last day of such offering period and by making such other pro-rata adjustments as may be necessary to reflect the shortened offering period but otherwise treating such shortened offering period as a fully effective and completed offering period for all purposes under such Company Purchase Plan. Prior to the Effective Time, the Company shall take all actions (including, if appropriate, amending the terms of such the Company Purchase Plan) that are necessary to give effect to the transactions contemplated by this Section 6.9(b).

Appears in 3 contracts

Samples: Merger Agreement (Harmonic Inc), Merger Agreement (Scopus Video Networks Ltd.), Merger Agreement (Scopus Video Networks Ltd.)

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Termination of Company Employee Stock Purchase Plans. Prior to the Effective Time, each of the Company Purchase Plans, if any, Plans shall be terminated. The rights of participants in each Company Purchase Plan with respect to any offering period then underway under such Company Purchase Plan shall be determined by treating the last Business Day prior to, or if more administratively advisable, the last payroll date of the Company immediately prior to, the Effective Time, as the last day of such offering period and by making such other pro-rata adjustments as may be necessary to reflect the shortened offering period but otherwise treating such shortened offering period as a fully effective and completed offering period for all purposes under such Company Purchase Plan. Prior to the Effective Time, the Company shall take all actions (including, if appropriate, amending the terms of such the Company Purchase Plan) that are necessary to give effect to the transactions contemplated by this Section 6.9(b6.9(d).

Appears in 2 contracts

Samples: Merger Agreement (Advanced Digital Information Corp), Merger Agreement (Quantum Corp /De/)

Termination of Company Employee Stock Purchase Plans. Prior to the Effective Time, each of the Company Purchase Plans, if any, Plans shall be terminated. The rights of participants in each Company Purchase Plan with respect to any offering period then underway under such Company Purchase Plan shall be determined by treating the last Business Day prior to, or if more administratively advisable, the last payroll date of the Company immediately prior to, the Effective Time, as the last day of such offering period and by making such other pro-rata adjustments as may be necessary to reflect the shortened offering period but otherwise treating such shortened offering period as a fully effective and completed offering period for all purposes under such Company Purchase Plan. Prior to the Effective Time, the Company shall take all actions (including, if appropriate, amending the terms of such the Company Purchase Plan) that are necessary to give effect to the transactions contemplated by this Section 6.9(b5.9(c).

Appears in 2 contracts

Samples: Merger Agreement (Sun Microsystems, Inc.), Merger Agreement (Storage Technology Corp)

Termination of Company Employee Stock Purchase Plans. Prior to the Effective Time, each of the Company Purchase Plans, if any, Plans shall be terminated. The rights of participants in each Company Purchase Plan with respect to any offering period then underway under such Company Purchase Plan shall be determined by treating the last Business Day prior to, or if more administratively advisable, the last payroll date of the Company immediately prior to, the Effective Time, as the last day of such offering period and by making such other pro-rata adjustments as may be necessary to reflect the shortened offering period but otherwise treating such shortened offering period as a fully effective and completed offering period for all purposes under such Company Purchase Plan. Prior to the Effective Time, the Company shall take all actions (including, if appropriate, amending the terms of such the Company Purchase Plan) that are necessary to give effect to the transactions contemplated by this Section 6.9(b6.9(a).

Appears in 2 contracts

Samples: Merger Agreement (McAfee, Inc.), Merger Agreement (Secure Computing Corp)

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Termination of Company Employee Stock Purchase Plans. Prior to the Effective Time, each of the Company Purchase Plans, if any, Plans shall be terminated. The rights of participants in each Company Purchase Plan with respect to any offering period then underway under such Company Purchase Plan shall be determined by treating the last Business Day prior to, or if more administratively advisable, the last payroll date of the Company immediately prior to, the Effective Time, as the last day of such offering period and by making such other pro-rata adjustments as may be necessary to reflect the shortened offering period but otherwise treating such shortened offering period as a fully effective and completed offering period for all purposes under such Company Purchase Plan. Prior to the Effective Time, the Company shall take all actions (including, if appropriate, amending the terms of such the Company Purchase PlanPlan and timely distributing any notices required by the terms of the Company Purchase Plans) that are necessary to give effect to the transactions contemplated by this Section 6.9(b5.9(c). Any materials to be submitted to participants in the Company Purchase Plan shall be subject to review and approval by Parent.

Appears in 1 contract

Samples: Merger Agreement (Tarantella Inc)

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