NO OTHER DISCUSSIONS. Until the earlier of the Closing or the termination of this Agreement, the Companies and Seller and their respective Affiliates, employees, agents and representatives will not (a) initiate, encourage the initiation by others of discussions or negotiations with third parties or respond to solicitations by third persons relating to any merger, sale or other disposition of any substantial part of the assets, capital stock (or derivatives thereof), business or properties of the Companies (whether by merger, consolidation, sale of stock, sale of assets, or otherwise), or (b) enter into any agreement or commitment (whether or not binding) with respect to any of the foregoing transactions. The Companies and Seller will promptly notify Purchaser if any third party attempts to initiate any solicitation, discussion, or negotiation with respect to any of the foregoing transactions, and shall provide Purchaser with the name of such third parties and the terms of any offers.
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Samples: Acquisition Agreement (Packaging Dynamics Corp), Acquisition Agreement (Packaging Dynamics Corp)
NO OTHER DISCUSSIONS. Until the earlier of the Closing or the termination of this Agreement, the Companies Company and Seller Shareholders and their respective Affiliates, employees, agents and representatives will not (a) initiate, encourage the initiation by others of discussions or negotiations with third parties or respond to solicitations by third persons relating to any merger, sale or other disposition of any substantial part of the assets, Company Shares or other capital stock or ownership interests, partnership interests (or derivatives thereof), business or properties of the Companies Company (whether by merger, consolidation, sale of stockCompany Shares, or other shares of capital stock or partnership interests, sale of assets, or otherwise), or (b) enter into any agreement or commitment (whether or not binding) with respect to any of the foregoing transactions. The Companies Company and Seller Shareholders will promptly immediately notify Purchaser Parent if any third party attempts to initiate any solicitation, discussion, or negotiation with respect to any of the foregoing transactions, and shall provide Purchaser Parent with the name of such third parties and the terms of any offers.
Appears in 1 contract
NO OTHER DISCUSSIONS. Until the earlier of the Closing or the termination of this Agreement, the Companies The Company and Seller and their respective its Affiliates, employees, agents and representatives will not (a) contact, initiate, or encourage the initiation by others of contact in connection with discussions or negotiations with third parties or and will not respond to offers or solicitations for information by third persons interested in or relating to any merger, sale or other disposition of any substantial part of the assets, capital stock (or derivatives thereof), business or properties of the Companies Company (whether by merger, consolidation, sale of stock, sale of assets, stock or otherwise) (in each case, a "Competing Transaction"), or (b) enter into any agreement or commitment (whether or not binding) with respect to any of the foregoing transactions. The Companies Company shall, and Seller will promptly shall cause the Shareholders to, immediately notify Purchaser Acquiror if any third party attempts to initiate any solicitation, discussion, shall contact the Company in such regard or negotiation present an offer with respect to any of the foregoing transactions, transactions and shall provide Purchaser Acquiror with the name of such third parties party and the terms of any offers.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (White Electronic Designs Corp)
