Common use of The Company’s Shareholders’ Meeting Clause in Contracts

The Company’s Shareholders’ Meeting. Unless the Merger is consummated in accordance with Section 31D-11-1105 of the WVBCA as contemplated by Section 6.1(c) below, the Company, acting through its board of directors, shall duly call a special meeting of its shareholders (the “Special Shareholders Meeting”) to be held in accordance with the WVBCA at the earliest practicable date, upon due notice thereof to its shareholders, to consider and vote upon, among other matters, the adoption and approval of this Agreement and the Merger. The Company’s board of directors will recommend the approval of the Merger and will use its best efforts, consistent with its fiduciary duties, to solicit the requisite vote of the Company’s shareholders to approve this Agreement and the Merger pursuant to proxy solicitation materials.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Foster L B Co), Agreement and Plan of Merger (Foster L B Co)

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The Company’s Shareholders’ Meeting. Unless the Merger is consummated in accordance with Section 31D-11-1105 of the WVBCA as contemplated by Section 6.1(c) below, the Company, acting through its board of directors, shall duly call a special meeting of its shareholders (the "Special Shareholders Meeting") to be held in accordance with the WVBCA at the earliest practicable date, upon due notice thereof to its shareholders, to consider and vote upon, among other matters, the adoption and approval of this Agreement and the Merger. The Company’s 's board of directors will recommend the approval of the Merger and will use its best efforts, consistent with its fiduciary duties, to solicit the requisite vote of the Company’s 's shareholders to approve this Agreement and the Merger pursuant to proxy solicitation materials.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Portec Rail Products Inc)

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The Company’s Shareholders’ Meeting. Unless the Merger is consummated in accordance with Section 31D-11-1105 of the WVBCA as contemplated by Section 6.1(c) below, the Company, acting through its board of directors, shall duly call a special meeting of its shareholders (the "Special Shareholders Meeting”) to be held in accordance with the WVBCA at the earliest practicable date, upon due notice thereof to its shareholders, to consider and vote upon, among other matters, the adoption and approval of this Agreement and the Merger. The Company’s board of directors will recommend the approval of the Merger and will use its best efforts, consistent with its fiduciary duties, to solicit the requisite vote of the Company’s shareholders to approve this Agreement and the Merger pursuant to proxy solicitation materials.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Foster L B Co)

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