Common use of Intervening Event Clause in Contracts

Intervening Event. “Intervening Event” shall mean an event, fact, circumstance, development or occurrence that was not known or reasonably foreseeable to the Board of Directors or the Special Committee, as applicable, as of the date of this Agreement and does not relate to an Acquisition Proposal.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Akcea Therapeutics, Inc.)

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Intervening Event. “Intervening Event” shall mean an any material event, fact, circumstance, development or occurrence that was affects the business, assets or operations of the Company that is unknown to, and not known or reasonably foreseeable to by, the Board of Directors or the Special Committee, as applicable, as of the date of this Agreement Agreement, or if known to the Board of Directors as of the date of this Agreement, the material consequences of which were not known to, and does not relate to an Acquisition Proposalreasonably foreseeable by, the Board of Directors as of the date of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dicerna Pharmaceuticals Inc)

Intervening Event. “Intervening Event” shall mean an event, fact, circumstance, development or occurrence that was not known or reasonably foreseeable to the Board of Directors or the Special Committee, as applicable, as of the date of this Agreement and does not relate to an Acquisition Proposal.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Array Biopharma Inc)

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Intervening Event. “Intervening Event” shall mean an any event, fact, circumstance, development or occurrence that is material to the Company and the Company Subsidiary (taken as a whole) that was not known or reasonably foreseeable to the Board of Directors (or, if known, the material consequences of which were not known or reasonably foreseeable by the Special Committee, as applicable, Board of Directors) as of or prior to the date of this Agreement and does not relate to an any Acquisition Proposal.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Checkmate Pharmaceuticals, Inc.)

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