Control of Operations. Without limiting Section 5.01, nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, control and supervision over such matters.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Axonics, Inc.), Agreement and Plan of Merger (Apollo Endosurgery, Inc.), Agreement and Plan of Merger (Apollo Endosurgery, Inc.)
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such mattersits operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dunkin' Brands Group, Inc.), Agreement and Plan of Merger (Sonic Corp), Agreement and Plan of Merger (American Safety Insurance Holdings LTD)
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give the Parent Entities or the Merger SubSubs, directly or indirectly, the right to control or direct the operations of the a Company Entity or any Company Subsidiary prior to the Closing. Prior to the Closing, the Company Entities shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such matterstheir respective operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emanuel Ariel), Agreement and Plan of Merger (Endeavor Group Holdings, Inc.)
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company or any Company Subsidiary prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such mattersits operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Qualtrics International Inc.), Agreement and Plan of Merger (Bojangles', Inc.)
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give to Parent or Merger Sub, directly or indirectly, the right rights to control or direct the operations of the Company prior to the ClosingClosing to the extent such control or direction would violate any Law. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such mattersof its operations.
Appears in 1 contract
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger SubSubsidiary, directly or indirectly, the right to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such mattersits operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Michaels Companies, Inc.)
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations of the Company prior to the ClosingEffective Time; provided, however, that this Section 5.11 shall not limit the Company’s obligations under this Agreement, including Section 5.1 hereof. Prior to the ClosingEffective Time, the Company shall exercise, consistent in accordance with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such mattersits operations.
Appears in 1 contract
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company's operations of the Company prior to the ClosingPurchase Date; provided, however, that this Section 6.13 shall not limit the Company's obligations under this Agreement, including Section 6.1 hereof. Prior to the ClosingPurchase Date, the Company shall exercise, consistent in accordance with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such matters.its operations. CONDITIONS
Appears in 1 contract
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, Agreement (including Section 5.01), complete control and supervision over such mattersits operations.
Appears in 1 contract
Control of Operations. Without limiting Section 5.01, nothing contained in this Agreement shall give Parent or Merger SubPurchaser, directly or indirectly, the right to control or direct the operations of the Company or the Company Subsidiaries prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, control and supervision over such matters.
Appears in 1 contract
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such matters.its operations. 50
Appears in 1 contract
Control of Operations. Without limiting Section 5.016.01 or Section 6.02, nothing contained in this Agreement shall give (a) Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company or any of its Subsidiaries prior to the Closing, or (b) the Company, directly or indirectly, the right to control or direct the operations of Parent or any of its Subsidiaries prior to the Closing. Prior to the Closing, each of the Company and Parent shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, control and supervision over such matters.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Metaldyne Performance Group Inc.)
Control of Operations. Without limiting Section 5.01, nothing Nothing contained in this Agreement shall give to the Parent or the Merger Sub, directly or indirectly, the right rights to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, complete control and supervision over such mattersof its operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dynamics Research Corp)
Control of Operations. Without limiting Section 5.01, nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company prior to the Closing. Prior to the Closing, the Company shall exercise, consistent with and subject to the terms and conditions of this Agreement, including Section 5.01, control and supervision over such matters.. 36
Appears in 1 contract
Samples: Agreement and Plan of Merger (Boston Scientific Corp)
