No Control. Notwithstanding the foregoing, nothing in this Article V is intended to give Parent or Merger Sub, directly or indirectly, the right to control or direct the business or operations of the Company or its Subsidiaries at any time prior to the Acceptance Time. Prior to the Acceptance Time, the Company and its Subsidiaries shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over their own business and operations.
Appears in 4 contracts
Samples: Acquisition Agreement (Rally Software Development Corp), Acquisition Agreement (Dot Hill Systems Corp), Agreement and Plan of Merger (Fx Energy Inc)
No Control. Notwithstanding the foregoing, nothing in this Article V is intended to give Parent or Merger Sub, directly or indirectly, the right to control or direct the business or operations of the Company or its Subsidiaries at any time prior to the Acceptance Effective Time. Prior to the Acceptance Effective Time, the Company and its Subsidiaries shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over their own business and operations.
Appears in 2 contracts
Samples: Merger Agreement (Coherent Inc), Merger Agreement (Rofin Sinar Technologies Inc)
No Control. Notwithstanding the foregoing, nothing in this Article V or elsewhere in this Agreement is intended to give Parent Parent, Merger Sub or Merger Subany of their respective Affiliates, directly or indirectly, the right to control or direct the business businesses, operations or operations activities of the Company or any of its Subsidiaries at any time prior to the Acceptance Effective Time. Prior to the Acceptance Effective Time, the Company and each of its Subsidiaries shall will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over their own business its respective businesses, operations and operationsactivities.
Appears in 1 contract
