Common use of Additional Action Clause in Contracts

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 50 contracts

Samples: Agreement and Plan of Merger (Bottomline Technologies Inc /De/), Agreement and Plan of Merger (GoFish Corp.), Agreement and Plan of Merger (Blackboard Inc)

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Additional Action. The Surviving Corporation may, at any time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, Subsidiary in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 7 contracts

Samples: Agreement and Plan of Merger and Reorganization (Eliem Therapeutics, Inc.), Agreement and Plan of Merger (Akamai Technologies Inc), Agreement and Plan of Merger (Victoria's Secret & Co.)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryMerger Sub, in order to consummate the transactions contemplated by this Agreement.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Exfo Electro Optical Engineering Inc), Agreement and Plan of Merger (Red Hat Inc), Agreement and Plan of Merger (Red Hat Inc)

Additional Action. The Surviving Corporation may, at any time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Rsa Security Inc/De/), Escrow Agreement (Brooks Automation Inc), Agreement and Plan of Merger (Akamai Technologies Inc)

Additional Action. The Surviving Corporation may, at any time after ----------------- the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Phamis Inc /Wa/), Agreement and Plan of Merger (Entrust Technologies Inc), Agreement and Plan of Merger (Open Market Inc)

Additional Action. The Surviving Corporation may, at any time and from time to time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Rsa Security Inc/De/), Escrow Agreement (Rsa Security Inc/De/)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Raptor or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Axent Technologies Inc), Agreement and Plan of Merger (Raptor Systems Inc)

Additional Action. The Surviving Corporation Corporations may, at any time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company respective Target REIT or the Transitory respective Acquisition Subsidiary, in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Franklin Street Properties Corp /Ma/), Agreement and Plan of Merger (Franklin Street Properties Corp /Ma/)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryPurchaser, in order to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ifs Ab), Agreement and Plan of Merger (Effective Management Systems Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryAcquisition, in order to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (United Defense Industries Inc), Agreement and Plan of Merger (Nortel Networks Corp)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, Subsidiary it deems necessary or advisable in order to more fully consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Spyglass Inc), Agreement and Plan of Merger (Applix Inc /Ma/)

Additional Action. The Surviving Corporation may, at any time after ----------------- the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryFlagship, in order to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Physicians Quality Care Inc), Merger Agreement (Physicians Quality Care Inc)

Additional Action. The Surviving Corporation may, at any time ----------------- after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryFlagship, in order to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Form of Merger Agreement (Physicians Quality Care Inc), Merger Agreement (Physicians Quality Care Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Acquisition Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Student Advantage Inc), Agreement and Plan of Merger (Rare Medium Group Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate more fully give effect to the transactions contemplated by this Agreement.

Appears in 2 contracts

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

Additional Action. The Surviving Corporation may, at any time after ----------------- the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Adsmart or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Contribution (Cmgi Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Surviving Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ergobilt Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Debtor or the Transitory Merger Subsidiary, in order to consummate the transactions contemplated by this Agreement.. -2-

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alterra Healthcare Corp)

Additional Action. The Surviving Corporation may, at any time after ----------------- the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this AgreementAgreement in accordance with the terms hereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ss&c Technologies Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Seller or the Transitory Acquisition Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Exhibit 2 Agreement and Plan of Merger (Security Biometrics Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either or both of the Company or the Transitory Subsidiary, and Sub reasonably necessary in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Click Commerce Inc)

Additional Action. The Surviving Corporation may, at any time after ----------------- the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Cornerstone or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cornerstone Brands Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, Subsidiary in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gsi Lumonics Inc)

Additional Action. The Surviving Corporation may, at any time shall after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brooks Automation Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryMerger Sub, in order necessary to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Isni Net Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryCompany, in order to consummate the transactions contemplated by this AgreementAgreement on the terms and subject to the conditions set forth herein (the “Transactions”).

Appears in 1 contract

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

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eclipsys Corp)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, necessary in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Avid Technology Inc)

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Additional Action. The Surviving Corporation may, at any time ----------------- after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gupton O Bruce)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company MODE or the Transitory Acquisition Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Emcore Corp)

Additional Action. The Surviving Corporation may, at any time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Target REIT or the Transitory Acquisition Subsidiary, in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Franklin Street Properties Corp /Ma/)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryNewco, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (WebMD Health Corp.)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company NRI or the Transitory Merger Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Purchasepro Com Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Adsmart or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Engage Technologies Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either or both of the Company or the Transitory Subsidiary, and Sub reasonably necessary in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Click Commerce Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Engage Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Surviving Corporation or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.. -11- 18

Appears in 1 contract

Samples: Agreement and Plan of Merger (Heritage Propane Partners L P)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company ETI or the Transitory SubsidiaryNewco, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Doctorsurf Com Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement. Promptly following the Closing, Buyer shall deliver certificates for the Merger Shares (as defined below) to each Company Stockholder in accordance with Section 1.5.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Silverstream Software Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company Surviving Corporation or the Transitory Subsidiary, in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Heritage Propane Partners L P)

Additional Action. The Surviving Corporation may, at any time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or Company, the Transitory Subsidiary, I-B or A-C in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Akamai Technologies Inc)

Additional Action. The Surviving Corporation may, at any time ----------------- after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryConstituent Corporation, in order to the consummate the transactions contemplated by this Merger Agreement.

Appears in 1 contract

Samples: Agreement of Merger (Open Market Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either or both of the Company or the Transitory Subsidiaryand Sub, reasonably necessary in order to consummate the transactions contemplated by this Agreement.. The parties shall at any time after the Effective Time, take any commercially reasonable action, including executing and delivering any document, reasonably necessary in order to consummate the transactions contemplated by this Agreement

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rainmaker Systems Inc)

Additional Action. The Surviving Corporation may, at any time after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either or both of the Company or and the Transitory Subsidiary, Acquisition Sub reasonably necessary in order to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement of Merger (Cirrus Logic Inc)

Additional Action. The Surviving Corporation may, at any time and from time to time from and after the Effective Time, take any action, including executing and delivering any document, in the name and on behalf of either the Company or the Transitory SubsidiaryMerger Sub, reasonably required in order to consummate and give effect to the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Equifax Inc)

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