DGCL Section 203. Neither Parent nor Purchaser, nor any of their “affiliates or associates” has been an “interested stockholder” of the Company, as those terms are defined in Section 203 of the DGCL, within the prior three (3) years. As of the date hereof and at all times prior to the Effective Time, neither Parent nor Purchaser, nor any of their Affiliates, beneficially owns (within the meaning of the Exchange Act and the rules and regulations promulgated thereunder) any shares of Common Stock.
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Samples: Agreement and Plan of Merger (Akorn Inc), Agreement and Plan of Merger (Hi Tech Pharmacal Co Inc)
DGCL Section 203. Neither Parent nor PurchaserNone of Parent, nor the Purchaser or any of their “affiliates affiliates” or “associates” is, or at any time during the last three (3) years has been been, an “interested stockholder” of the Company, Company as those such terms are defined in Section 203 of the DGCL, within the prior three (3) years. As of the date hereof and at all times prior to the Effective Time, neither Parent nor Purchaser, nor any of their Affiliates, beneficially owns (within the meaning of the Exchange Act and the rules and regulations promulgated thereunder) any shares of Common Stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Corning Inc /Ny), Agreement and Plan of Merger (Alliance Fiber Optic Products Inc)
DGCL Section 203. Neither Parent nor PurchaserNone of Parent, nor Merger Sub or any of their “affiliates affiliates” or “associates” is, or at any time during the last three (3) years has been been, an “interested stockholder” of the Company, Company as those such terms are defined in Section 203 of the DGCL, within the prior three (3) years. As of the date hereof and at all times prior to the Effective Time, neither Parent nor Purchaser, nor any of their Affiliates, beneficially owns (within the meaning of the Exchange Act and the rules and regulations promulgated thereunder) any shares of Common Stock.
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