Common use of Certain Arrangements Clause in Contracts

Certain Arrangements. Except the Voting Agreements, there are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 2 contracts

Sources: Merger Agreement (SolarWinds, Inc.), Merger Agreement (SolarWinds, Inc.)

Certain Arrangements. Except the Voting Agreements, there There are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company its Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 2 contracts

Sources: Merger Agreement (Telular Corp), Merger Agreement (Blue Coat Systems Inc)

Certain Arrangements. Except Other than the Voting AgreementsSupport Agreement and to the knowledge of Parent, there are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors Subsidiary or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company its Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to or approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 2 contracts

Sources: Merger Agreement (Veeco Instruments Inc), Merger Agreement (Ultratech Inc)

Certain Arrangements. Except the Voting Agreements, there There are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors Subsidiary or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company its Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to or approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (Quantenna Communications Inc)

Certain Arrangements. Except the Voting Agreements, there There are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors Subsidiary or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company its Subsidiaries, on the other hand, or (b) pursuant to which any stockholder shareholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder shareholder of the Company agrees to vote to or approve this Agreement or the Merger Agreement, or agrees to vote against any Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (Mentor Graphics Corp)

Certain Arrangements. Except the Voting Agreements, there There are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors Subsidiary or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (SolarWinds Corp)

Certain Arrangements. Except To the Voting Agreementsknowledge of Parent, there are no Contracts or commitments to enter into Contracts (ai) between Parent, Merger SubsidiarySub, the Guarantors or any of their Affiliatessubsidiaries, on the one hand, and any director, officer or employee of the Company or any of the Company Subsidiariesits subsidiaries, on the other hand, or (bii) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to or approve this Agreement or the Merger or agrees to vote against any Company Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (Finisar Corp)

Certain Arrangements. Except As of the Voting Agreementsdate of this Agreement, there are no Contracts or commitments to enter into Contracts (a) between Parent, Intermediate Merger Subsidiary, the Guarantors Merger Subsidiary, or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company its Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to or approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (Kraton Corp)

Certain Arrangements. Except the Voting Agreements, there There are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors Subsidiary or any of their Affiliates, on the one hand, and any director, director or officer or employee of the Company or any of the Company its Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to or approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (Sportsman's Warehouse Holdings, Inc.)

Certain Arrangements. Except As of the Voting Agreementsdate hereof, there are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors Subsidiary or any of their Affiliates, on the one hand, and any director, officer or employee of the Company or any of the Company Subsidiaries, on the other hand, or (b) pursuant to which any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration or pursuant to which any stockholder of the Company agrees to vote to approve this Agreement or the Merger or agrees to vote against any Superior Proposal.

Appears in 1 contract

Sources: Merger Agreement (PROS Holdings, Inc.)