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 Other than the Voting Ancillary Agreements and the Closing Agreements, 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 (TravelCenters of America Inc. /MD/)
Certain Arrangements. Except As of the Voting AgreementsAgreement Date, there are no Contracts or commitments to enter into Contracts (a) between Parent, Merger Subsidiary, the Guarantors any Guarantor 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 (Bazaarvoice Inc)
Certain Arrangements. Except the Voting Agreements, there There are no Contracts or commitments to enter into Contracts upon terms agreed on or prior to the date hereof (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 1 contract
Certain Arrangements. Except Other than the Voting AgreementsAgreement, there are no Contracts or commitments to enter into Contracts (a) between Parent, Parent Assignee, 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 approve this Agreement or the Merger or agrees to vote against any Superior Proposal.
Appears in 1 contract