No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: (a) nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations prior to the Effective Time, and (b) prior to the Effective Time, each of the Company, Parent and Merger Sub shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tivity Health, Inc.), Merger Agreement (Yatra Online, Inc.), Agreement and Plan of Merger (Nutri System Inc /De/)
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: that (ai) nothing contained in this Agreement shall Agreement, including Section 5.01(a) and Section 5.01(b), is intended to give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations of any Company Entity prior to the Effective Time, and (bii) prior to the Effective Time, each of the Company, Parent and Merger Sub shall exercise, consistent with subject to the terms and conditions of this Agreement, the Company shall exercise complete control and supervision over its and its the Company Entities’ respective Subsidiaries’ operations.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Mikros Systems Corp), Agreement and Plan of Merger (Esterline Technologies Corp), Agreement and Plan of Merger (TransDigm Group INC)
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: (a) nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations prior to the Effective Time, Time and (b) prior to the Effective Time, each of the Company, Parent and Merger Sub shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clarcor Inc.), Agreement and Plan of Merger (Parker Hannifin Corp)
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: (a) nothing Nothing contained in this Agreement shall give gives Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or any of its Subsidiaries’ operations prior to the Effective Time, and (b) prior . Prior to the Effective Time, each of the Company, Parent and Merger Sub shall Company will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ respective operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Starrett L S Co), Agreement and Plan of Merger (Starrett L S Co)
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: (a) nothing Nothing contained in this Agreement shall give Parent Parent, Merger Subsidiary One or Merger SubSubsidiary Two, directly or indirectly, the right to control or direct the Company’s operations of the Company or any of its Subsidiaries’ operations Subsidiaries prior to the Effective Time, and (b) prior . Prior to the Effective Time, each of the Company, Parent and Merger Sub Company shall exercise, consistent with the terms and conditions of this Agreement, complete and independent control and supervision over its and its respective Subsidiaries’ respective operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Atheros Communications Inc), Agreement and Plan of Merger (Intellon Corp)
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: (a) nothing Nothing contained in this Agreement shall give gives Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or any of its Subsidiaries’ operations prior to the Effective Time, and (b) prior . Prior to the Effective Time, each of the Company, Parent and Merger Sub Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ respective operations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Circor International Inc), Agreement and Plan of Merger (Paratek Pharmaceuticals, Inc.)
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub Sub, on the otherother hand, acknowledge and agree that: (ai) nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations prior to the Effective Time, and (bii) prior to the Effective Time, each of the Company, Parent and Merger Sub shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ operations.
Appears in 1 contract
No Control of the Company’s Business. The Company, on the one hand, and Parent and Merger Sub Sub, on the other, acknowledge and agree that: (a) nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations prior to the Effective Time, Time and (b) prior to the Effective Time, each of the Company, Parent and Merger Sub shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ operations.
Appears in 1 contract
Samples: Agreement and Plan of Merger (J. Alexander's Holdings, Inc.)
No Control of the Company’s Business. The Company, on the one hand, Parent acknowledges and Parent and Merger Sub on the other, acknowledge and agree that: agrees that (ai) nothing contained in this Agreement shall is intended to give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s operations of the Company or its Subsidiaries’ operations any Company Subsidiary prior to the Effective Time, Time and (bii) prior to the Effective Time, each of the Company, Parent and Merger Sub Company shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective the Company Subsidiaries’ respective operations.
Appears in 1 contract
No Control of the Company’s Business. Exhibit 2.1 . The Company, on the one hand, and Parent and Merger Sub on the other, acknowledge and agree that: (a) nothing contained in this Agreement shall give Parent or Merger Sub, directly or indirectly, the right to control or direct the Company’s or its Subsidiaries’ operations prior to the Effective Time, and (b) prior to the Effective Time, each of the Company, Parent and Merger Sub shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its and its respective Subsidiaries’ operations.
Appears in 1 contract
Samples: Merger Agreement (Ebix Inc)
