Common use of Acquisitions Clause in Contracts

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Appears in 24 contracts

Samples: Agreement and Plan of Merger (Invitrogen Corp), Agreement and Plan of Reorganization (Sigmatel Inc), Share Purchase Agreement (Silicon Laboratories Inc)

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Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Appears in 19 contracts

Samples: Agreement and Plan of Merger (ARGON ST, Inc.), Merger Agreement (Aptalis Pharma Inc), Agreement and Plan of Merger (Mesa Laboratories Inc /Co/)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company or the Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 16 contracts

Samples: Agreement and Plan of Merger (Castle Biosciences Inc), Share Purchase Agreement (Marin Software Inc), Agreement and Plan of Merger (Pandora Media, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 15 contracts

Samples: Agreement and Plan of Merger and Reorganization (Active Voice Corp), Agreement and Plan of Reorganization (Quadramed Corp), Acquisition Agreement (Cisco Systems Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole;

Appears in 12 contracts

Samples: Agreement and Plan of Reorganization (Avant Corp), Agreement and Plan (PDF Solutions Inc), Agreement and Plan of Reorganization (Uproar Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Bea Systems Inc), Agreement and Plan of Reorganization (PDF Solutions Inc), Agreement and Plan of Merger (Plumtree Software Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole;

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (L90 Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 8 contracts

Samples: Share Purchase Agreement (Sonosite Inc), Share Purchase Agreement (Sonosite Inc), Agreement and Plan of Merger (Cray Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole, or acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 8 contracts

Samples: Share Exchange Agreement (WebXU, Inc.), Agreement and Plan of Merger (Pantheon Arizona Corp.), Share Exchange Agreement (WebXU, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Appears in 7 contracts

Samples: Agreement and Plan of Reorganization (Mdsi Mobile Data Solutions Inc /Can/), Agreement and Plan of Reorganization (Autoinfo Inc), Agreement and Plan of Reorganization (Ivillage Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 7 contracts

Samples: Share Purchase Agreement (Nuvasive Inc), Asset Purchase Agreement (Idx Systems Corp), Agreement and Plan of Reorganization (Concur Technologies Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Teradyne, Inc), Agreement and Plan of Merger (Sigmatel Inc), Business Combination Agreement (HeartWare International, Inc.)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (INPHI Corp), Agreement and Plan of Merger (INPHI Corp), Agreement and Plan of Merger (INPHI Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole;

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Musicland Stores Corp), Agreement and Plan of Merger (Best Buy Co Inc), Agreement and Plan of Merger (Best Buy Co Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholeassets;

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Centra Software Inc), Agreement and Plan of Reorganization (Nptest Holding Corp), Agreement and Plan of Reorganization (Cybersource Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole;

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Cybercash Inc), Agreement and Plan of Reorganization (E Piphany Inc), Agreement and Plan of Merger and Reorganization (Nexprise Inc)

Acquisitions. Acquire acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Sigma Designs Inc), Asset Purchase Agreement (Synnex Corp), Agreement and Plan of Merger (Ndchealth Corp)

Acquisitions. Acquire Acquire, by merger, consolidation, acquisition of equity interests or agree to acquire by merging withassets, or by purchasing a substantial portion of the stock or assets of, or by any other mannerotherwise, any business business, any material assets or properties, or any corporation, partnership, association limited liability company, joint venture or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Appears in 5 contracts

Samples: Contingent Value Rights Agreement (Ikonics Corp), Agreement and Plan of Merger (Ikonics Corp), Contingent Value Rights Agreement (Ikonics Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof or business thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholethe Company;

Appears in 4 contracts

Samples: Agreement and Plan of Merger (NXT-Id, Inc.), Stock Purchase Agreement (Genesis Group Holdings Inc), Stock Purchase Agreement (Intercloud Systems, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Cytyc Corp), Securities Purchase Agreement (REVA Medical, Inc.), Agreement and Plan of Merger and Reorganization (Cytyc Corp)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole;

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Vignette Corp), Agreement and Plan of Reorganization (Cacheflow Inc), Agreement and Plan of Reorganization (Vignette Corp)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Loudeye Technologies Inc), Agreement and Plan of Reorganization (Kana Communications Inc), Agreement and Plan of Reorganization (Fogdog Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole;

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Polycom Inc), Agreement and Plan of Reorganization (Data Measurement Corp), Stock Purchase Agreement (NGT Enterprises Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the assets or capital stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Nuvasive Inc), Preferred Stock Purchase Agreement (Nuvasive Inc), Preferred Stock Purchase Agreement (Nuvasive Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, or acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Recapitalization (Gateway Industries Inc /De/), Agreement and Plan of Merger and Reorganization (SP Holding CORP)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its businessthe Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Glu Mobile Inc), Agreement and Plan of Merger (Exponential Interactive, Inc.), Share Purchase Agreement (Perion Network Ltd.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing an equity interest in or a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Trilogy, Inc.), Agreement and Plan of Reorganization (Tandy Corp /De/), Agreement and Plan of Reorganization (Amerilink Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof for a purchase price in excess of $1,000,000, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to the Company and its business, Subsidiaries (taken as a whole;) or the Business, or enter into any Contract with respect to a joint venture, strategic alliance or partnership.

Appears in 3 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Nvidia Corp), Share Purchase Agreement

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, the Company and the Subsidiaries (taken as a whole) or the Business, or enter into any Contract with respect to a joint venture, strategic alliance or partnership;

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Etsy Inc), Agreement and Plan of Merger (Alteryx, Inc.), Agreement and Plan of Merger (Veracyte, Inc.)

Acquisitions. Acquire Directly or indirectly acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessand its subsidiaries' businesses, taken as a whole;

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Kroll Inc), Agreement and Plan of Reorganization (Ontrack Data International Inc), Agreement and Plan of Reorganization (Kroll Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Docusign Inc), Agreement and Plan of Merger (MongoDB, Inc.), Share Purchase Agreement (Docusign, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire or agree to acquire any assets assets, in each case, that are material material, individually or in the aggregate, to its businessthe Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Meru Networks Inc), Agreement and Plan of Merger (Synchronoss Technologies Inc), Agreement and Plan of Merger (IntraLinks Holdings, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Cardiometrics Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to the Company and its business, taken as a wholeother than assets and properties transferred by ACN and its affiliates to the Company;

Appears in 3 contracts

Samples: Services Agreement (Netratings Inc), Services Agreement (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Appears in 3 contracts

Samples: Stock Purchase Agreement (Emcon), Agreement and Plan of Reorganization (Fonix Corp), Agreement and Plan of Reorganization (Emcon)

Acquisitions. Acquire or agree to acquire by merging or consolidating ------------ with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Appears in 3 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Unit Purchase Agreement (Rapidtron Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Id Arizona Corp.), Agreement and Plan of Merger (Applied Nanotech Holdings, Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to the Company's and its subsidiaries' business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Quantum Corp /De/), Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in the aggregateacquire or agree to acquire any equity securities of any corporation, to its businesspartnership, taken as a wholelimited liability company, association or business organization;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (E Trade Group Inc), Agreement and Plan of Mergers (E Trade Group Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, except, in each such case, which are material individually or immaterial and are in the aggregate, to its ordinary course of the Company’s business, taken as a wholeconsistent with past practice;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Us Dry Cleaning Corp), Agreement and Plan of Merger (Us Dry Cleaning Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association association, or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a wholethe business of any of the STEAG Subsidiaries;

Appears in 2 contracts

Samples: Strategic Business Combination Agreement (Mattson Technology Inc), Strategic Business Combination Agreement (Steag Electronic Systems GMBH)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor make any loans, advances, or capital contributions to or investment in any Person, in each case, that would reasonably be expected to prevent, impede, or materially delay the consummation of the Merger or the other transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Cure Pharmaceutical Holding Corp.), Agreement and Plan of Merger and Reorganization (Cure Pharmaceutical Holding Corp.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock assets or assets equity interests of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire or agree to acquire any assets or equity or debt securities (other than publicly-traded marketable securities), in each case, for consideration in an amount not to exceed individually or in the aggregate, $50,000,000, or enter into any Contract with respect to a joint venture, strategic alliance or partnership, in each case, that are material material, individually or in the aggregate, to its business, taken as a wholethe Business;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Splunk Inc), Agreement and Plan of Merger (Cisco Systems, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion substantially all of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire enter into any Contract with respect to a joint venture, strategic alliance or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholepartnership;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Acacia Communications, Inc.), Original Agreement (Acacia Communications, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ellie Mae Inc), Stock Purchase Agreement (PDF Solutions Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to Company’s and its Subsidiaries’ business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Intermec, Inc.), Agreement and Plan of Merger (Stratasys Inc)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, aggregate to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Agile Software Corp), Agreement and Plan of Reorganization (Agile Software Corp)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 2 contracts

Samples: Interference Agreement (Genesys Telecommunications Laboratories Inc), Acquisition Agreement (Autoweb Com Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, make any investment in any other Person or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Zygo Corp), Agreement and Plan of Reorganization (Bio Technology General Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Netsolve Inc), Agreement and Plan of Merger (Cisco Systems Inc)

Acquisitions. Acquire or agree to acquire acquire, by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Sandpiper Networks Inc), Shareholder Agreement (Digital Island Inc)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any material business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Global Crossing LTD), Agreement and Plan of Merger (Exodus Communications Inc)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Salon Com), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each case which are material material, individually or in the aggregate, to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Global Cash Access Holdings, Inc.), Agreement and Plan of Merger (Cash Systems Inc)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof Person or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (SCG Financial Acquisition Corp.), Escrow Agreement (SCG Financial Acquisition Corp.)

Acquisitions. Acquire or agree to acquire acquire, by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Sandpiper Networks Inc), Shareholder Agreement (Digital Island Inc)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof of such entity or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (HealthSpring, Inc.), Agreement and Plan of Merger (HealthSpring, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Flir Systems Inc), Agreement and Plan of Merger and Reorganization (Pixelworks Inc)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its businessCompany, taken as a wholeor acquire or agree to acquire any equity securities of any corporation, partnership, limited liability company, association or business organization which securities acquired or agreed to be acquired would constitute greater than five percent (5%) of the outstanding securities of such entity;

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (E Trade Group Inc), Agreement and Plan of Merger (E Trade Group Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Merger and Reorganization (Saflink Corp)

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Acquisitions. Acquire or agree to acquire by merging merging, amalgamating or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company or the Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Eventbrite, Inc.), Membership Interest Purchase Agreement (Pandora Media, Inc.)

Acquisitions. Acquire or agree to Except as contemplated by this Agreement, acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Global Services Partners Acquisition Corp.), Agreement and Plan of Reorganization (Global Services Partners Acquisition Corp.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company's business, taken as a whole;

Appears in 2 contracts

Samples: Shareholder Agreement (Phone Com Inc), Agreement and Plan of Merger (Phone Com Inc)

Acquisitions. Acquire Acquire, or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock any assets or assets equity securities of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire other acquisition or agree agreement to acquire any assets or any equity securities that are material material, individually or in the aggregate, to its business, taken as a wholethe business of the Company;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Food Technology Service Inc), Agreement and Plan of Merger (Telanetix,Inc)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock shares, Securities or assets of, or by any other manner, any business or any corporationcompany, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;the Business other than in the Ordinary Course of Business.

Appears in 2 contracts

Samples: Share Subscription Agreement (Millennium India Acquisition CO Inc.), Share Subscription Agreement (Millennium India Acquisition CO Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or assets, other than in the aggregate, to its business, taken as a wholeordinary course of business consistent with past practice;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Autocam Corp/Mi), Agreement and Plan of Merger (American Interactive Media Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in to the aggregate, to its businessAcquired Companies, taken as a whole, or enter into any Contract with respect to a joint venture, strategic alliance or partnership;

Appears in 2 contracts

Samples: Share Purchase Agreement (Applovin Corp), Share Purchase Agreement (Applovin Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof or business thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholethe Business and that would constitute Acquired Assets hereunder;

Appears in 2 contracts

Samples: Asset Purchase Agreement (Genesis Group Holdings Inc), Asset Purchase Agreement (Genesis Group Holdings Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 2 contracts

Samples: Acquisition Agreement and Plan of Merger (Resource Health Partners Lp), Registration Rights Agreement (Quadramed Corp)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing any equity interest in or a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, partnershippartnership interest, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any material assets that are material individually or in the aggregateenter into any joint ventures, to its business, taken as a wholestrategic partnerships or alliances;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lam Research Corp), Agreement and Plan of Merger (Lam Research Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in assets, except the aggregate, to its business, taken as a wholeacquisition contemplated by the Agreement;

Appears in 1 contract

Samples: Stock Purchase Agreement (NGT Enterprises Inc)

Acquisitions. Acquire or agree to acquire by merging merging, ------------ consolidating or amalgamating with, or by purchasing a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeother than inventory in the ordinary course of business;

Appears in 1 contract

Samples: Purchase Agreement (Naviant Inc)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion any of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its Company’s business, taken as a whole;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stanley, Inc.)

Acquisitions. Acquire Acquired or agree agreed to acquire by merging with, or by purchasing a substantial portion any of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire acquired or agree agreed to acquire any assets that are material individually or in the aggregate, to its Company’s business, taken as a whole;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stanley, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire any assets, or agree to acquire any assets that are material individually equity securities of any corporation, partnership, association or in the aggregate, to its business, taken as a wholebusiness organization;

Appears in 1 contract

Samples: Agreement and Plan of Merger (COMMITTED CAPITAL ACQUISITION Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to the Company or any of its businessSubsidiaries or the business of the Company or any of its Subsidiaries as currently conducted, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Guidewire Software, Inc.)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial material portion of the stock shares or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that that, in any such of the foregoing cases, are material individually or in the aggregate, to its business, taken as a whole;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nuvasive Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any material assets that are material individually or other than purchases in the aggregate, to its business, taken as a wholeOrdinary Course of Business;

Appears in 1 contract

Samples: Agreement and Plan of Merger (JDS Uniphase Corp /Ca/)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;.

Appears in 1 contract

Samples: Equity Purchase Agreement (Electronics for Imaging Inc)

Acquisitions. Acquire acquire or agree to acquire acquire, by merging or consolidating with, or by purchasing a substantial portion of the stock or assets Assets and Properties of, or by any other mannermeans, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that Assets and Properties which are material material, individually or in the aggregate, to the business of the Company and its businessSubsidiaries, taken as a whole;

Appears in 1 contract

Samples: Support Agreement (Witness Systems Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole, or acquire any equity securities of any corporation, partnership, association or business organization;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alpha Security Group CORP)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree enter into any Contract with respect to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholean equity-based joint venture;

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Facebook Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s current business, taken as ; or make any other acquisition of a wholematerial amount of assets outside of the ordinary course of business consistent with past practice;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Outerwall Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company, taken as any Subsidiary, or the Business, or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Model N, Inc.)

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole; otherwise form or permit to exist any subsidiary of Company or own any equity interest in another entity;

Appears in 1 contract

Samples: Shareholder Agreement (Digital Island Inc)

Acquisitions. Acquire or agree to acquire Acquire, by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other mannermeans, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company’s and Company Subsidiaries’ business, taken as a wholewhole (other than pursuant to existing contracts or commitments or in the ordinary course of business);

Appears in 1 contract

Samples: Agreement and Plan of Merger (Colt Defense LLC)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Virage Logic Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholePerson;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gatsby Digital, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to the Company or its business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Infoblox Inc)

Acquisitions. Acquire Acquired or agree agreed to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire acquired or agree agreed to acquire any assets that are material material, individually or in the aggregate, to its businessthe Acquired Companies or the Business, taken as or entered into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applovin Corp)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole;

Appears in 1 contract

Samples: Stock Purchase Agreement (American Medical Systems Holdings Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing the stock or a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material other than in the ordinary course of business and in excess of $50,000 individually or $100,000 in the aggregate, or enter into any Contract with respect to its businessa joint venture, taken as a wholestrategic alliance or partnership;

Appears in 1 contract

Samples: Agreement and Plan of Merger (RTI Biologics, Inc.)

Acquisitions. Acquire acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock any assets or assets equity securities of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Appears in 1 contract

Samples: Merger Agreement and Plan (Google Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material thereof, other than acquisitions with purchase prices individually or in the aggregate, to its business, taken as a wholeaggregate totaling no more than $150,000,000;

Appears in 1 contract

Samples: Business Combination Agreement (HeartWare International, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole;; and

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applera Corp)

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;. (xvii)

Appears in 1 contract

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

Acquisitions. Acquire Except as contemplated by this Agreement, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material which is material, individually or in the aggregate, to its business, the Company and the Company Subsidiaries (taken as a whole);

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mathstar Inc)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, the Company and the Subsidiary (taken as a whole) or the Business, or enter into any Contract with respect to a joint venture, strategic alliance or partnership;

Appears in 1 contract

Samples: Agreement and Plan of Merger and Plan of Reorganization (Ouster, Inc.)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, taken as or enter into any Contract with respect to a whole;joint venture, strategic alliance or partnership, or otherwise adopt or enter into any plan of complete or partial liquidation, dissolution, restructuring, recapitalization or other reorganizational or similar change in capitalization.

Appears in 1 contract

Samples: Agreement and Plan of Merger (SentinelOne, Inc.)

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