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 or delivery 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) Xxxxxx or any of its affiliates or stockholder to be an Acquiring Person, (c) a Triggering Event to occur, (d) a Shares Acquisition Date to occur or (e) a Distribution Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution execution, delivery or delivery 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) Xxxxxx BAC or any of its affiliates Affiliates or stockholder Associates to be an Acquiring Person, (c) a Triggering Event to occur, (d) a Shares Stock Acquisition Date to occur or (ed) a Distribution Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution execution, delivery or delivery 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 exercisableexercisable under the Rights Agreement, (b) Xxxxxx Parent or any of its affiliates or stockholder to be deemed an Acquiring Person, or (c) a Triggering Event to occur, (d) a Shares the Distribution Date or the Share Acquisition Date to occur or (e) a Distribution Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution or delivery 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) Xxxxxx Hxxxxx or any of its affiliates or stockholder to be an Acquiring Person, (c) a Triggering Event to occur, (d) a Shares Acquisition Date to occur or (e) a Distribution Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution execution, delivery or delivery 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) Xxxxxx IAC, Merger Sub or any of its their affiliates or stockholder to be an Acquiring Person, (c) a Triggering Event to occur, (d) a Shares Share Acquisition Date to occur or (ed) a Distribution Date to occur.”