Compliance with Tender Offer Rules. Nothing contained in this Agreement shall prohibit the Nova Board from taking and disclosing to its stockholders a position contemplated by Rules 14d-9 and 14e-2(a) or Item 1012(a) of Regulation M-A under the Exchange Act with regard to an Acquisition Proposal; provided that Nova shall not effect a Change of Recommendation unless specifically permitted pursuant to the terms of Section 5.4(d).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nuance Communications), Agreement and Plan of Merger (Scansoft Inc), Agreement and Plan of Merger (Scansoft Inc)
