Common use of Alternative Merger Structure Clause in Contracts

Alternative Merger Structure. Parent shall have the right, in its sole discretion, to revise the structure of the Merger in order to provide that Merger Sub will merge with and into the Company; provided, however, that Parent shall not have the right to make any such revision, if such revision would prevent Parent, Merger Sub and/or the Company from complying with the covenant set forth in Section 6.12 and satisfying the condition set forth in Section 7.1(g).

Appears in 2 contracts

Sources: Merger Agreement (Rudolph Technologies Inc), Merger Agreement (August Technology Corp)