TERMINATION PROVISION. Anything contained in this Agreement to the contrary notwithstanding, this Agreement may be terminated and the merger abandoned: (a) Upon written notice at any time prior to the Effective Time by mutual consent of the Constituent Corporations; or (b) If holders of at least two-thirds of the outstanding Target Shares shall not vote in favor of the Merger; or (c) If there exists a suit, action, or other proceeding commenced, pending or threatened, before any court or other governmental agency of the federal or state government, in which it is sought to restrain, prohibit or otherwise adversely affect the consummation of the Merger contemplated hereby.
Appears in 5 contracts
Samples: Merger Agreement (Aris Corp/), Agreement and Plan of Merger (Aris Corp/), Agreement of Plan and Merger (Fine Com International Corp /Wa/)
