Determinations by the Company. Whenever a determination, decision or approval by the Company is called for in this Agreement, such determination, decision or approval must be authorized by the Special Committee or, if the Special Committee is not then in existence, the Company’s Board of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Egl Inc), Agreement and Plan of Merger (Leever Daniel H), Agreement and Plan of Merger (Court Square Capital Partners II LP)
Determinations by the Company. Whenever a determination, decision or approval by the Company is called for in this Agreement, such determination, decision or approval must be authorized by the Special Committee or, if the Special Committee is not then in existence, the Company’s 's Board of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Kinder Morgan Inc), Agreement and Plan of Merger (Crane James R), Agreement and Plan of Merger (Macdermid Inc)
Determinations by the Company. Whenever a determination, decision or approval by the Company is called for in this Agreement, such determination, decision or approval must be authorized by the Special Committee or, if the Special Committee is not then in existence, the Company’s Board of DirectorsBoard.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ivivi Technologies, Inc.)
Determinations by the Company. Whenever a determination, decision or approval by the Company is called for in this Agreement, such determination, decision or approval must be authorized by the Special Committee or, if the Special Committee is not then in existence, the Company’s Board of Directors's Board.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ivivi Technologies, Inc.)