Fixed Consideration. Notwithstanding any provision of this Agreement to the contrary, the Parties agree that 0.436 shares of Parent Common Stock represent greater than 40% of the total value of the Merger Consideration, per share of Company Common Stock determined as of the date of this Agreement, based on the closing sales price of Parent Common Stock on a National Stock Exchange (as reported by the Wall Street Journal, or if not so reported, by another authoritative source) for the last trading day preceding the date of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cal Dive International Inc), Agreement and Plan of Merger (Remington Oil & Gas Corp)
Fixed Consideration. Notwithstanding any provision of this Agreement to the contrary, the Parties parties agree that 0.436 shares .4498 of a share of Parent Common Stock represent represents greater than 40% of the total value of the Merger Consideration, Consideration per share of Company Common Stock determined as of the date of this Agreement, based on the closing sales price of Parent Common Stock on a National Stock Exchange the NYSE Composite Transactions Tape (as reported by the The Wall Street JournalJournal or, or if not so reportedreported therein, by in another authoritative sourcesource mutually selected by Parent and the Company) for the last trading day preceding the date of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (National Oilwell Varco Inc), Agreement and Plan of Merger (Grant Prideco Inc)
