Common use of No Control of Other Party’s Business Clause in Contracts

No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent Parties, directly or indirectly, the right to control or direct the Company’s, the Partnership’s or any Company Subsidiary’s operations prior to the Company Merger Effective Time. Prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Life Storage Lp), Agreement and Plan of Merger (Physicians Realty Trust), Agreement and Plan of Merger (Healthpeak Properties, Inc.)

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No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Partnership Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Prologis, L.P.), Agreement and Plan of Merger (Prologis, Inc.), Agreement and Plan of Merger (Liberty Property Limited Partnership)

No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Merger Effective Time. Prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (DUKE REALTY LTD PARTNERSHIP/), Agreement and Plan of Merger (Prologis, L.P.)

No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Partnership Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent PartiesParent, directly or indirectly, the right to control or direct the Company’s, the Partnership’s Company or any Company Subsidiary’s operations prior to the Company Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiariessubsidiaries’ respective operations.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (RPT Realty), Agreement and Plan of Merger (Kimco Realty Corp)

No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties(a) Parent or Merger Sub, directly or indirectly, the right or control to control or direct Parent’s, Parent OPthe Company’s or any Parent Subsidiary’s its subsidiaries’ operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of Time or (b) the Parent PartiesCompany, directly or indirectly, the right or control to control or direct the Company’s, the PartnershipParent’s or any Company Subsidiary’s its subsidiaries’ operations prior to the Company Merger Effective Time. Prior to the Company Merger Effective Time, each of (i) the Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its subsidiaries’ operations and (ii) Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiariessubsidiariesrespective operations.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Finisar Corp)

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No Control of Other Party’s Business. Nothing contained in this Agreement shall give any of the Company Parties, directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent Parties, directly or indirectly, the right to control or direct the Company’s’s or the Company Subsidiaries’ (including, for the avoidance of doubt, the Partnership’s or any Company Subsidiary’s ’s) operations prior to the Partnership Merger Effective Time, and nothing contained in this Agreement shall give the Company or the Partnership, directly or indirectly, the right to control or direct Parent’s or its Subsidiaries’ operations prior to the Partnership Merger Effective Time. Prior to the Company Partnership Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

Appears in 1 contract

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

No Control of Other Party’s Business. Nothing contained Without in any way limiting any Party’s rights or obligations under this Agreement shall give any of the Company Parties(including Sections 5.1 and 5.2), directly or indirectly, the right to control or direct Parent’s, Parent OP’s or any Parent Subsidiary’s operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give any of the Parent Partiesor Merger Sub, directly or indirectly, the right to control or direct the Company’s, the Partnership’s or any Company Subsidiary’s its subsidiaries’ or Affiliated Entities’ operations prior to the Company Merger Effective Time, and nothing contained in this Agreement shall give the Company, directly or indirectly, the right to control or direct Parent’s or its subsidiaries’ operations prior to the Effective Time. Prior to the Company Merger Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its Subsidiariessubsidiaries’ and (in the case of the Company) Affiliated Entities’ respective operations.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Team Health Holdings Inc.)

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