ESPP. The Company shall take such action as may be necessary to (i) provide that no Offering Periods shall commence under the Company ESPP on or following the date hereof and (ii) terminate the Company ESPP on or before the last day of the payroll period ending immediately prior to the Effective Time (but in all events at least five (5) Business Days prior to the Effective Time).
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Sources: Merger Agreement (Atheros Communications Inc), Merger Agreement (Intellon Corp)
ESPP. The Company shall take such action as may be all actions necessary pursuant to (i) the terms of the Company ESPP or otherwise to provide that (a) no Offering Periods shall commence new offering period will be commenced following the date hereof under the Company ESPP on or following the date hereof and (iib) terminate the Company ESPP on or before the last day of the payroll period ending shall terminate immediately prior to the Effective Time (but in all events at least five (5) Business Days prior to the Effective Time).
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ESPP. The Company shall take such action as may be all actions necessary pursuant to (i) provide that no Offering Periods shall commence under the terms of the Company ESPP on or to provide that (a) no new offering period will be commenced following the date hereof and under the Company ESPP, (iib) terminate each purchase right issued pursuant to the Company ESPP on or before the last day of the payroll period ending immediately shall be fully exercised not later than five (5) business days prior to the Effective Time and (but in all events at least five (5c) Business Days the Company ESPP shall terminate immediately prior to the Effective Time)Offer Acceptance Time and no further rights shall be granted or exercised under the Company ESPP thereafter.
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ESPP. The Company shall take such action as may be all actions necessary pursuant to the terms of the Company ESPP to provide that (i) provide that no Offering Periods shall commence under the Company ESPP on or new offering period will be commenced following the date hereof and under the Company ESPP, (ii) terminate each purchase right issued pursuant to the Company ESPP on or before the last day of the payroll period ending immediately prior to the Effective Time (but in all events at least shall be fully exercised not later than five (5) Business Days prior to the Effective Time)Time and (iii) the Company ESPP shall terminate immediately prior to the Offer Acceptance Time and no further rights shall be granted or exercised under the Company ESPP thereafter.
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