Original Merger Agreement definition

Original Merger Agreement means that certain Agreement and Plan of Merger, dated as of February 5, 2013, between the Company, Intermediate, Denali Acquiror and Dell, as amended by Amendment No. 1 on August 2, 2013 (as further amended, restated, supplemented or modified from time to time).

Original Merger Agreement has the meaning set forth in the Recitals.

Original Merger Agreement means the agreement and plan of merger, dated as of June 28, 2006, by and among BPC Holding Corporation, BPC Acquisition Corp., a Delaware corporation, and Berry Global Group, Inc., as amended, supplemented or modified from time to time prior to the Issue Date or thereafter (so long as any amendment, supplement or modification after the Issue Date, together with all other amendments, supplements and modifications after the Issue Date, taken as a whole, is not more disadvantageous to the holders of the Securities in any material respect than the Original Merger Agreement as in effect on the Issue Date).

Examples of Original Merger Agreement in a sentence

• This Agreement amends and restates the Original Merger Agreement in its entirety.

• The representations and warranties of the Company set forth in this Section 3.20(b) shall apply mutatis mutandis with respect to the Original Merger Agreement and the Amended and Restated Agreement and with respect to the Original Merger Agreement shall be made as of the Original Execution Date and with respect to the Amended and Restated Agreement shall be made as of the Execution Date.

• The representations and warranties of Parent, Holdco and the Merger Subs set forth in this Section 4.14(b) shall apply mutatis mutandis with respect to the Original Merger Agreement and the Amended and Restated Agreement and with respect to the Original Merger Agreement shall be made as of the Original Execution Date and with respect to the Amended and Restated Agreement shall be made as of the Execution Date.

• Except as amended hereby, the terms and provisions of the Original Merger Agreement shall remain unchanged and in full force and effect.

• In the event of any conflict between the terms of the Original Merger Agreement and the terms of this Amendment, the terms of this Amendment shall govern and control.

More Definitions of Original Merger Agreement

Original Merger Agreement has the meaning set forth in the Preamble.

Original Merger Agreement is defined in the recitals to this Agreement.

Original Merger Agreement means the agreement and plan of merger, dated as of June 28, 2006, by and among BPC Holding Corporation, BPC Acquisition Corp., a Delaware corporation, and Bxxxx Global Group, Inc., as amended, supplemented or modified from time to time prior to the Issue Date or thereafter (so long as any amendment, supplement or modification after the Issue Date, together with all other amendments, supplements and modifications after the Issue Date, taken as a whole, is not more disadvantageous to the holders of the Securities in any material respect than the Original Merger Agreement as in effect on the Issue Date).

Original Merger Agreement shall have the meaning set forth in the Recitals to the Rights Agreement.

Original Merger Agreement means that certain Agreement and Plan of Merger, dated as of November 1, 2012, by and among ASP MD Intermediate Holdings II, Inc., MD Investors Corporation, ASP MD Acquisition Co., Inc., Carlyle CIM Agent, L.L.C., and Carlyle Strategic Partners II, L.P.

Original Merger Agreement. Recitals "Outside Date" Section 8.01(b) "PBCL" Section 1.01(a) "PCBs" Section 3.17(f)(iv) "PPUC" Section 4.05(b) "PUHCA" Section 3.02(a) "PURPA" Section 3.02(a) "Parent" Recitals "Parent Acquisition Agreement" Section 5.03(b) "Parent Benefit Plans" Section 4.10 "Parent Board" Section 4.04(b)

Original Merger Agreement means the Agreement and Plan of Merger, dated as of February 6, 2006, by and among Citadel, Disney, Alphabet Acquisition and ABC Radio Holdings.