DGCL 203. At no time during the three (3) years prior to the date hereof was Parent or any of its affiliates or associates an "interested stockholder" of the Company within the meaning of and as defined in Section 203 of the DGCL.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vixel Corp), Agreement and Plan of Merger (Emulex Corp /De/), Noncompetition Agreement (Emulex Corp /De/)
DGCL 203. At no time during the three (3) years prior to the date hereof was Parent or any of its affiliates or associates an "βinterested stockholder" β of the Company within the meaning of and as defined in Section 203 of the DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Jni Corp), Agreement and Plan of Merger (Applied Micro Circuits Corp)