Company Board Recommendation. (a) Subject to the terms of Section 6.3(b) and Section 6.3(c), the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by the applicable provisions of Delaware Law, adopt this Agreement (the “Company Board Recommendation”).
Appears in 6 contracts
Samples: Agreement and Plan of Merger (3PAR Inc.), Agreement and Plan of Merger (Dell Inc), Agreement and Plan of Merger (Emc Corp)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.4(b) and Section 6.3(c7.4(c), the Company Board shall recommend that the holders of Company Shares accept the Offer, Offer and tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by the applicable provisions of Delaware Law, adopt this Agreement (the “Company Board Recommendation”).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (LKQ Corp), Agreement and Plan of Merger (Celgene Corp /De/), Agreement and Plan of Merger (Coast Distribution System Inc)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.5(b) and Section 6.3(c7.5(c), the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by the applicable provisions of Delaware Law, adopt this Agreement (the “Company Board Recommendation”).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (BigBand Networks, Inc.), Agreement and Plan of Merger (Otsuka Holdings Co., Ltd.), Agreement and Plan of Merger (Vitacost.com, Inc.)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b6.2(b) and Section 6.3(c)hereof, the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by Stockholders adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “Company Board Recommendation”).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Micro Linear Corp /Ca/), Agreement and Plan of Merger (Sirenza Microdevices Inc)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.2(b) and Section 6.3(c)hereof, the Company Board shall (i) recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Merger Sub pursuant to the Offer and, if required by the applicable provisions of necessary under Delaware Law, adopt this Agreement in accordance with the applicable provisions of Delaware Law (the “Company Board Recommendation”)) and (ii) include the Company Board Recommendation (with respect to the Offer) in the Schedule 14D-9 and permit Parent to include the Company Board Recommendation in the Offer Documents.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hewlett Packard Co), Agreement and Plan of Merger (ArcSight Inc)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b) and Section 6.3(c6.2(b), the Company Board shall (i) recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Merger Sub pursuant to the Offer and, if required by and adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “Company Board Recommendation”)) and (ii) include the Company Board Recommendation (with respect to the Offer) in the Schedule 14D-9 and permit Parent to include the Company Board Recommendation in the Offer Documents.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Moldflow Corp), Agreement and Plan of Merger (Autodesk Inc)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.2(b) and Section 6.3(c)hereof, the Company Board shall (i) recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Merger Sub pursuant to the Offer and, if required by and adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “Company Board Recommendation”)) and (ii) include the Company Board Recommendation (with respect to the Offer) in the Schedule 14D-9 and permit Parent to include the Company Board Recommendation in the Offer Documents.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mercury Interactive Corp), Agreement and Plan of Merger (Portal Software Inc)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b) and Section 6.3(c7.2(b), the Company Board shall (i) recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Merger Sub pursuant to the Offer and, if required by and adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “Company Board Recommendation”)) and (ii) include the Company Board Recommendation (with respect to the Offer) in the Schedule 14D-9 and permit Parent to include the Company Board Recommendation in the Offer Documents.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Spectralink Corp), Agreement and Plan of Merger (Polycom Inc)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.5(b) and Section 6.3(c7.5(c), the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by the applicable provisions of Delaware Law, adopt this Agreement (the “Company Board Recommendation”)Agreement.
Appears in 1 contract
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.2(b) and Section 6.3(c)hereof, the Company Board shall (i) recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Merger Sub pursuant to the Offer and, if required by and adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “"Company Board Recommendation”)") and (ii) include the Company Board Recommendation (with respect to the Offer) in the Schedule 14D-9 and permit Parent to include the Company Board Recommendation in the Offer Documents.
Appears in 1 contract
Samples: Iv Agreement and Plan of Merger (Hewlett Packard Co)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b5.3(a) and Section 6.3(c5.3(b), the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “Company Board Recommendation”)) at the Company Stockholder Meeting.
Appears in 1 contract
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b7.4(b) and Section 6.3(c7.4(c), the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Parent or Acquisition Sub Sub, as applicable, pursuant to the Offer and, if required by the applicable provisions of Delaware Law, adopt this Agreement (the “Company Board Recommendation”).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graftech International LTD)
Company Board Recommendation. (a) Subject to the terms of Section 6.3(b6.2(b) and Section 6.3(c)hereof, the Company Board shall recommend that the holders of Company Shares accept the Offer, tender their Company Shares to Acquisition Sub pursuant to the Offer and, if required by Stockholders adopt this Agreement in accordance with the applicable provisions of Delaware Law, adopt this Agreement Law (the “Company Board Recommendation”). Subject to Section 6.2(b), the Proxy Statement shall contain the Company Board Recommendation.
Appears in 1 contract
