Common use of UNITARY TRANSACTION Clause in Contracts

UNITARY TRANSACTION. The parties hereto intend that this Agreement and the Merger Agreement shall constitute a single unified transaction for the acquisition of the Company by Purchaser. In accordance with that intention, Purchaser represents the following: (a) Purchaser was not an affiliate of and had no affiliation with the Company at any time prior to the execution of this Agreement and the Merger Agreement or the prior Agreement and Plan of Merger and prior Stock Option Agreement both dated September 16, 1995; (b) Purchaser shall purchase all shares of Common Stock pursuant to this Agreement and the Merger Agreement at the same price per share; and (c) Purchaser shall make no attempt to change the management of, alter the operation of, or exercise control over the Company prior to the Effective Time or termination of the Merger Agreement.