Limitation on Divestiture. Notwithstanding anything in this ------------------------- Agreement to the contrary, nothing contained in this Agreement shall be deemed to require Avanex or Oplink or any subsidiary or affiliate thereof to agree to any divestiture by itself or any of its affiliates of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock. Oplink shall not take or agree to take any action identified in the immediately preceding sentence without the prior written consent of Avanex.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Oplink Communications Inc), Agreement and Plan of Reorganization (Avanex Corp), Agreement and Plan of Reorganization (Avanex Corp)