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, (b) BAC or any of its Affiliates or Associates to be an Acquiring Person, (c) a Stock Acquisition Date to occur or (d) a Distribution 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, (b) BAC Xxxxxx or any of its Affiliates affiliates or Associates stockholder to be an Acquiring Person, (c) a Stock Triggering Event to occur, (d) a Shares Acquisition Date to occur or (de) a Distribution 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, (b) BAC IAC, Merger Sub or any of its Affiliates or Associates their affiliates to be an Acquiring Person, (c) a Stock Share Acquisition Date to occur or (d) a Distribution 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, (b) BAC Hxxxxx or any of its Affiliates affiliates or Associates stockholder to be an Acquiring Person, (c) a Stock Triggering Event to occur, (d) a Shares Acquisition Date to occur or (de) a Distribution Date to occur.”