Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Zuora Inc), Agreement and Plan of Merger (Proofpoint Inc), Agreement and Plan of Merger (Proofpoint Inc)
Terms of Arbitration. The arbitrator chosen in -------------------- accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement, the Merger Agreement or any other documents that are executed in connection therewith.
Appears in 4 contracts
Samples: Escrow Agreement (Transwitch Corp /De), Escrow Agreement (Transwitch Corp /De), Escrow Agreement (Transwitch Corp /De)
Terms of Arbitration. The arbitrator chosen in accordance with the -------------------- these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement, the Merger Agreement or any other documents that are executed in connection therewith.
Appears in 3 contracts
Samples: Escrow Agreement (Del Arroz Manuel), Escrow Agreement (Cambridge Technology Partners Massachusetts Inc), Escrow Agreement (Cambridge Technology Partners Massachusetts Inc)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of the Agreement.
Appears in 3 contracts
Samples: Operating Agreement (Blue Holdings, Inc.), Software License Agreement (High Speed Net Solutions Inc), Operating Agreement (Westminster Capital Inc)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the -------------------- these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the these -------------------- provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of the Agreement.
Appears in 2 contracts
Samples: Master License Agreement (Cais Internet Inc), Master License Agreement (Cais Internet Inc)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the -------------------- these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of the Agreement.
Appears in 2 contracts
Samples: Fund and Incentive Agreement (Cais Internet Inc), Master License Agreement (Cais Internet Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement, the Reorganization Agreement or any other documents that are executed in connection therewith.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Golden Soil Inc), Agreement and Plan of Reorganization (Golden Soil Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 7.8 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 2 contracts
Samples: Unit Purchase Agreement, Unit Purchase Agreement (Apptio Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of the Merger Agreement or any other documents that are executed in connection therewith.
Appears in 2 contracts
Samples: Commitment Agreement (Talarian Corp), Agreement With Certain Whitebarn Shareholders (Talarian Corp)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 10.1 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 2 contracts
Samples: Asset Purchase Agreement (I Many Inc), Asset Purchase Agreement (Neoforma Inc)
Terms of Arbitration. The arbitrator arbitrator(s) chosen in accordance with the -------------------- these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)
Terms of Arbitration. The arbitrator chosen in -------------------- accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement, the Exchange Agreement or any other documents that are executed in connection therewith.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or the Reorganization Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Silicon Image Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 will 11.8.3 shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Samples: Exchange Agreement (Glu Mobile Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 6.5 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Samples: Agreement and Plan of Acquisition (Brooklyn ImmunoTherapeutics, Inc.)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the -------------------- these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Samples: Agreement (Lantronix Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement or the Plan of Reorganization.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cooper & Chyan Technology Inc)
Terms of Arbitration. The arbitrator chosen in accordance with -------------------- the provisions of this Section 9.9 will 10.8 shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend amend, or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or any other documents executed in connection with this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Nationwide Financial Solutions, Inc.)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend amend, or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this General Escrow Agreement, the Merger Agreement, or any other documents that are executed in connection herewith or therewith.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 will 7.5 shall not have the power to alter, amend or otherwise affect the terms of Section 7.5 or any other provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or the Non-Competition Agreement.
Appears in 1 contract
Samples: Escrow Agreement (McLeod Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 7.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Oncothyreon Inc.)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or any other provision of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Active Iq Technologies Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 9.7 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Twitter, Inc.)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cellegy Pharmaceuticals Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement, the Share Purchase Agreement or any other documents that are executed in connection therewith.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 8.7 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions and Section 9.8 hereof.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.provisions or any other provisions contained in this Agreement or the Merger Agreement. (viii)
Appears in 1 contract
Samples: Agreement and Plan of Reorganization and Merger (Peerless Systems Corp)
Terms of Arbitration. The arbitrator arbitrators chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of the Agreement. 9.
Appears in 1 contract
Samples: Software License Agreement (High Speed Net Solutions Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or the Purchase Agreement.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance -------------------- with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or the Reorganization Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Emusic Com Inc)
Terms of Arbitration. The arbitrator chosen in -------------------- accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement .
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 10.13 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or any ancillary agreement.
Appears in 1 contract
Samples: Exchange Agreement (Intuit Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the provisions of this Section 9.9 8.4(d) will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in -------------------- accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or the Plan.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the -------------------- these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisions., the other provisions of this Agreement or the Plan. (f)
Appears in 1 contract
Samples: Escrow Agreement (At Home Corp)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will shall not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Escrow Agreement, the Asset Purchase Agreement or any other documents that are executed in connection therewith.
Appears in 1 contract
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the provisions of this Agreement, including the terms of these arbitration provisionsprovisions or the provisions of this Agreement or the Plan.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Integrated Systems Inc)
Terms of Arbitration. The arbitrator chosen in accordance with the these provisions of this Section 9.9 will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement, including the terms of these arbitration provisionsexcept as provided in Section 10.2.
Appears in 1 contract
Samples: Employment Agreement (Raptor Pharmaceuticals Corp.)
