Other Transaction. Any other transaction or course of action engaged in, directly or indirectly, by the Company, the Business Unit or an Affiliate that has a substantially similar effect as the transactions of the type referred to in clause (a) or (b) above, except as provided in clause (y) or (z) below. A Disposition of a Business Unit may occur even if such Business Unit constitutes part of a larger enterprise at the time of the relevant Disposition of a Business Unit transaction and such Disposition of a Business Unit involves such larger enterprise. However, a “Disposition of a Business Unit” shall not occur:
Other Transaction. If the consideration offered to shareholders of the Company in connection with a Change of Control consists of cash or of New Stock that is not publicly traded, upon the occurrence of the Change of Control, the Director will surrender the Option to the Acquiring Entity in return for a payment in cash equal to the Black-Scholes value of the Option as of the date of the Change of Control, without discount for risk of forfeiture and non-transferability. Such Black-Scholes valuation will be performed on a basis consistent with the methodology set forth in Article IV, Section 5(g) of the Plan.
Other Transaction. All of the conditions set forth in Article VI of the VERITAS Merger Agreement (other than Section 6.1(f) thereof and the filing of the Merger Certificate thereunder) shall have been satisfied or waived. Purchaser shall have received a certificate with respect to the foregoing, signed on behalf of Seller by the President and the Chief Financial Officer of Seller.
Other Transaction. The Client shall inform NBIN of any Option transaction entered into with any other broker, dealer, individual or other entity, prior to or at the same time with any Option Transaction executed through NBIN. The Client shall indemnify NBIN for any loss or liability suffered as the result of the Client’s failure to notify NBIN of such Transaction.
Other Transaction. Buyer shall have executed the Stock Purchase Agreement by and between the Buyer and Xxxxxx X. Xxxxxxx, Xxxxxxx Xxxxxxx and Xxxxxxxx Xxxxxxx of even date herewith prior to or simultaneously with this Agreement.
Other Transaction. Buyer shall have consummated that certain Stock Purchase Agreement by and between the Buyer and Xx. Xxxxxx X. Hall of even date herewith prior to or simultaneously with this Agreement.
Other Transaction. 5.4 Parent....................................................
Other Transaction. Seller and certain of its Affiliates have entered into one or more definitive agreements with respect to the acquisition of more than fifty (50) retail properties for an aggregate amount in excess of Four Hundred Million and NO/100 Dollars ($400,000,000) (such agreement, the “Other Purchase Agreement” and the transactions contemplated thereby, the “Other Transaction”). The Other Purchase Agreement is subject to certain contingencies and other conditions to closing. The Other Purchase Agreement is in full force and effect.
Other Transaction. Notwithstanding anything to the contrary in this Agreement (including, without limitation, Section 6.4 and Section 7.2), Seller shall have no obligation whatsoever to Purchaser to consummate the Other Transaction. Purchaser hereby acknowledges its understanding that the consummation of the Other Transaction is within Seller’s sole and absolute discretion and Seller has no obligation to consummate the Other Transaction, and Purchaser hereby acknowledges and agrees that it has executed and delivered this Agreement and agreed to be bound hereby on the basis of such understanding and with the knowledge that the Other Transaction may not be consummated. The provisions of this Section 6.8 shall survive the Closing or a termination of this Agreement.
Other Transaction. If no Public Offering has occurred or Warrant Put Notice has been delivered, and if the Company shall execute a binding agreement with respect to any Other Transaction and, as a result thereof, holders of Common Stock become entitled to receive any consideration in respect of their shares(whether directly through the transaction, as a result of a subsequent distribution declared by the Company's Board of Directors, as a result of the liquidation or winding up or otherwise), the Fund shall be entitled to elect to participate in such distribution as though it were the owner of the Warrant Shares.
