Common use of The Merger Agreement Clause in Contracts

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, delivery or public announcement of the Merger Agreement nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable under the Rights Agreement, (b) Parent or any of its affiliates to be deemed an Acquiring Person, or (c) the Distribution Date or the Share Acquisition Date to occur.

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, execution or delivery or public announcement of the Merger Agreement or the Ancillary Agreements, nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable under the Rights Agreementexercisable, (b) Parent Hxxxxx or any of its affiliates or stockholder to be deemed an Acquiring Person, or (c) the a Triggering Event to occur, (d) a Shares Acquisition Date to occur or (e) a Distribution Date or the Share Acquisition Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, execution or delivery or public announcement of the Merger Agreement or the Ancillary Agreements, nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable under the Rights Agreementexercisable, (b) Parent Xxxxxx or any of its affiliates or stockholder to be deemed an Acquiring Person, or (c) the a Triggering Event to occur, (d) a Shares Acquisition Date to occur or (e) a Distribution Date or the Share Acquisition Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, delivery or public announcement of the Merger Agreement nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable under the Rights Agreementexercisable, (b) Parent BAC or any of its affiliates Affiliates or Associates to be deemed an Acquiring Person, or (c) the a Stock Acquisition Date to occur or (d) a Distribution Date or the Share Acquisition Date to occur.

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, delivery or public announcement of the Merger Agreement nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable under the Rights Agreementexercisable, (b) Parent IAC, Merger Sub or any of its their affiliates to be deemed an Acquiring Person, or (c) the Distribution Date or the a Share Acquisition Date to occur or (d) a Distribution Date to occur.