Current Ownership. Immediately prior to the execution and delivery of this Agreement, the Company Option Agreement and the Stockholder Option Agreements, neither Parent nor Sub was an "interested stockholder" of the Company, as such term is defined in Section 203(c)(5) of the DGCL. ARTICLE VI
Appears in 3 contracts
Sources: Merger Agreement (Henkel Acquisition Corp Ii), Merger Agreement (Dep Corp), Merger Agreement (Dep Corp)