Negative Obligations of the Company. Except (i) as expressly contemplated or permitted by this Agreement, (ii) as set forth in Section 6.1 or Section 6.2 of the Company Disclosure Schedule, (iii) as required by applicable Law or the terms of any Employee Plan (copies of which have been provided to Parent), or (iv) as approved in advance by Parent in writing, at all times during the period commencing with the execution and delivery of this Agreement and continuing until the earlier to occur of such time as designees of Parent constitute at least a majority of the Company Board pursuant to Section 2.4(a) and the Effective Time, the Company shall not do any of the following and shall not permit its Subsidiaries to do any of the following:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Data Domain, Inc.), Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Emc Corp)
Negative Obligations of the Company. Except (i) as expressly contemplated or permitted by this Agreement, (ii) as set forth in Section 6.1 5.1 or Section 6.2 5.2 of the Company Disclosure Schedule, (iii) as required by applicable Law or the terms of any Employee Plan (copies of which have been provided to Parent)Plan, or (iv) as approved in advance by Parent in writingwriting (which approval shall not be unreasonably withheld or delayed), at all times during the period commencing with the execution and delivery of this Agreement and continuing until the earlier to occur of such time as designees the termination of Parent constitute at least a majority of the Company Board this Agreement pursuant to Section 2.4(a) Article VIII and the Effective Time, the Company shall not do any of the following and shall not permit its Subsidiaries to do any of the following:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Td Ameritrade Holding Corp), Agreement and Plan of Merger (Thinkorswim Group Inc.)
Negative Obligations of the Company. Except (i) as expressly contemplated or permitted by this Agreement, (ii) as set forth in Section 6.1 5.1 or Section 6.2 5.2 of the Company Disclosure Schedule, (iii) as required by applicable Law or the terms of any Employee Plan (copies of which have been provided to Parent), or (iv) as approved in advance by Parent in writing, at all times during the period commencing with the execution and delivery of this Agreement and continuing until the earlier to occur of such time as designees the termination of Parent constitute at least a majority of the Company Board this Agreement pursuant to Section 2.4(a) Article VIII and the Effective Time, the Company shall not do any of the following and shall not permit its Subsidiaries to do any of the following:
Appears in 1 contract
