Changes of Recommendation. (i) Solely in response to the receipt of an unsolicited, bona fide written Alternative Transaction Proposal which is determined (in accordance with Section 8.3(p)) to be a Superior Proposal, the Board of Directors of Apogent or Fxxxxx, as the case may be, may make a Change of Recommendation (as defined in Section 4.2(d)(ii)), if all of the following conditions in clauses (A) through (E) are met:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Apogent Technologies Inc), Agreement and Plan of Merger (Fisher Scientific International Inc)
Changes of Recommendation. (i) Solely in response to the receipt of an unsolicited, bona fide written Alternative Transaction Proposal which is determined (in accordance with Section 8.3(p)) to be a Superior Proposal, the Board of Directors of Apogent or FxxxxxXxxxxx, as the case may be, may make a Change of Recommendation (as defined in Section 4.2(d)(ii)), if all of the following conditions in clauses (A) through (E) are met:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Apogent Technologies Inc)
Changes of Recommendation. (i) Solely in In response to the receipt of an unsolicited, bona fide written Alternative Transaction Proposal which is determined (in accordance with Section 8.3(p8.3(t)) to be a Superior Proposal, the Board of Directors of Apogent US LEC or FxxxxxPAETEC, as the case may be, may make a Change of Recommendation (as defined in Section 4.2(d)(ii))Recommendation, if all of the following conditions in clauses (A) through (E) are met:
Appears in 1 contract
