Employee Stock Purchase Plan. The Company shall take all action that is necessary to (a) suspend all payroll deductions and cause the exercise of each outstanding purchase right under the Company’s 2005 Employee Stock Purchase Plan (the “Company ESPP”) not later than the initial scheduled expiration of the Amended Offer; (b) provide that no further purchase period or offering period shall commence under the Company ESPP following that date; and (c) immediately prior to and effective as of the Effective Time and subject to the consummation of the Merger, terminate the Company ESPP.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Roche Holding LTD), Agreement and Plan of Merger (Ventana Medical Systems Inc), Agreement and Plan of Merger (Ventana Medical Systems Inc)
Employee Stock Purchase Plan. The Company shall take all action that is necessary to (a) suspend all payroll deductions and cause the exercise of each outstanding purchase right option under the Company’s 2005 2000 Employee Stock Purchase Plan (the “Company ESPP”) not later no less than ten Business Days prior to the initial scheduled expiration of the Amended Offer; (b) provide that no further purchase period or offering period shall commence under the Company ESPP following that date; and (c) immediately prior to and effective as of the Effective Time and subject to the consummation of the Merger, terminate the Company ESPP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emerson Electric Co), Agreement and Plan of Merger (Avocent Corp)
Employee Stock Purchase Plan. The Company shall take all action that is necessary to (a) suspend all payroll deductions and cause the exercise of each outstanding purchase right under the Company’s 2005 Second Amended and Restated 2004 Employee Stock Purchase Plan (the “Company ESPP”) not later than the initial scheduled expiration of the Amended OfferEffective Time; (b) provide that no further purchase period interval or offering period shall commence under the Company ESPP following that date; and (c) immediately prior to and effective as of the Effective Time and subject to the consummation of the Merger, terminate the Company ESPP.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Memory Pharmaceuticals Corp)
Employee Stock Purchase Plan. The Company shall take all whatever action that is necessary to (a) suspend all payroll deductions and cause ---------------------------- necessary, including without limitation the exercise amendment of each outstanding purchase right under the Company’s 2005 Employee Stock Purchase Plan (the “Company ESPP”) not later than the initial scheduled expiration of the Amended Offer; (b) provide that no further purchase period or offering period shall commence under , to terminate the Company ESPP following that date; and (c) any offering periods thereunder on the business day immediately prior to and effective as of the Effective Time and subject to the consummation of the Merger, terminate the Company ESPPClosing Date.
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