Common use of By Company Clause in Contracts

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) hours) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two (2) business days or forty-eight (48) hours prior written notice of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Superior Offer.

Appears in 3 contracts

Samples: Agreement and Plan (Lsi Logic Corp), Agreement and Plan (Lsi Logic Corp), Agreement and Plan (Seeq Technology Inc)

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By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 hours forty-eight (48) hours' prior notice (or such lesser prior notice as provided to the members of Company's the Board of Directors of Company but in no event less than four eight (4) 8) hours) of any meeting of Company's the Board of Directors of Company at which Company's the Board of Directors of Company is reasonably expected to consider a Company Superior Offer Offer, and (ii) provide Parent with at least two (2) business days or forty-eight (48) hours hours' prior written notice of a meeting of Company's the Board of Directors of Company at which Company's the Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 3 contracts

Samples: Amended and Restated Agreement and Plan of Merger and Reorganization (Quantum Corp /De/), Agreement and Plan of Merger (Maxtor Corp), Agreement and Plan of Merger (Maxtor Corp)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 forty-eight (48) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) eight hours) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two five (25) business days or forty-eight (48) hours prior written notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than 24 hours) of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Superior Offerstockholders.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Informix Corp)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 forty-eight (48) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) eight hours) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two five (25) business days or forty-eight (48) hours prior written notice of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders shareholders and together with such notice a copy of the definitive documentation relating to such Superior Offer.

Appears in 2 contracts

Samples: Acquisition Agreement (Peregrine Systems Inc), Voting Agreement (Peregrine Systems Inc)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 forty-eight (48) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) eight hours) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two five (25) business days or forty-eight (48) hours prior written notice of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Forte Software Inc \De\)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 twenty-four (24) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) eight hours) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and Offer, (ii) provide Parent with at least two five (25) business days or forty-eight (48) hours prior written notice of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders shareholders and together with such notice a copy of the definitive documentation relating to such Superior Offer and (iii) provide Parent with reasonable notice of the material terms of the Superior Offer and reasonable opportunity to make a counter-offer prior to any commitment by Company with respect to the Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Isocor)

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By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 forty-eight (48) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) hoursDirectors) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two three (23) business days or forty-eight (48) hours prior written notice (or such lesser prior notice as provided to the members of Company's Board of Directors) of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan (Telcom Semiconductor Inc)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 forty- eight (48) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) hoursDirectors) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two three (23) business days or forty-eight (48) hours prior written notice (or such lesser prior notice as provided to the members of Company's Board of Directors) of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Microchip Technology Inc)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least 24 twenty-four (24) hours prior notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than four (4) eight hours) of any meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to consider a Superior Offer and (ii) provide Parent with at least two one (21) business days or forty-eight (48) hours day prior written notice of a meeting of Company's Board of Directors at which Company's Board of Directors is reasonably expected to recommend a Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Appnet Inc /De/)

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