Company ESPP. Each outstanding purchase right under the Company’s Employee Stock Purchase Plan (the “Company ESPP”) shall be exercised for the purchase of shares of Company Common Stock at the price per share determined pursuant to the Company ESPP on the date immediately prior to the Closing Date, pursuant to Section 19(b) of the Company ESPP (the “Final Offering Period”). Immediately following the Final Offering Period and upon or prior to the Effective Time, the Company shall take all action necessary to provide that the Company ESPP shall be terminated immediately prior to the Effective Time and that no person will have any further right to purchase Company Common Stock under the Company ESPP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Integrated Circuit Systems Inc), Agreement and Plan of Merger (Integrated Device Technology Inc)
Company ESPP. Each outstanding purchase right under the Company’s 's 2000 Employee Stock Purchase Plan (the “"Company ESPP”") shall be exercised for the purchase of shares of Company Common Stock at the price per share determined pursuant to the Company ESPP on the date immediately prior to the Closing Date, pursuant to Section 19(b) 18 of the Company ESPP (the “"Final Offering Period”"). Immediately following the Final Offering Period and upon or prior to the Effective Time, the Company shall take all action necessary to provide that the Company ESPP shall be terminated immediately prior to the Effective Time and that no person Person will have any further right to purchase Company Common Stock under the Company ESPP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Variagenics Inc), Agreement and Plan of Merger (Hyseq Inc)
Company ESPP. Each outstanding purchase right under the Company’s Employee Stock Purchase Plan (the “Company ESPP”) ESPP shall be exercised for the purchase of shares of Company Common Stock at the price per share determined pursuant to the Company ESPP on the date last business day immediately prior to the Closing Date, pursuant to Section 19(b) of the Company ESPP Date (the “Final Offering Period”). Immediately following the Final Offering Period and upon or prior to the Effective Time, the Company shall take all action necessary to provide that the Company ESPP shall be terminated immediately prior to the Effective Time and that no person Person will have any further right to purchase Company Common Stock under the Company ESPP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Andrx Corp /De/), Agreement and Plan of Merger (Watson Pharmaceuticals Inc)
