No Other Litigation. There shall not be pending any Legal Proceeding initiated by any Governmental Body (a) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement; or (b) seeking to prohibit or limit in any material respect the ability of the Company’s stockholders receiving Merger Consideration to vote, receive dividends with respect to or otherwise exercise ownership rights with respect to the Parent Common Stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Diversa Corp), Agreement and Plan of Merger and Reorganization (Celunol Corp)
No Other Litigation. There shall not be pending any Legal Proceeding initiated by any Governmental Body (a) challenging or seeking to restrain or prohibit the consummation of the Merger Merger, the Creditor Plan or any of the other transactions contemplated by this Agreement; or (b) seeking to prohibit or limit in any material respect the ability of the Company’s stockholders receiving Merger Consideration to vote, receive dividends with respect to or otherwise exercise ownership rights with respect to the Parent Common Stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (RHL Group, Inc.), Agreement and Plan of Merger and Reorganization (Favrille Inc)
No Other Litigation. There shall not be pending any Legal Proceeding initiated by any Governmental Body (a) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement; or (b) seeking which, if unfavorably adjudicated, would materially and adversely affect the right of Parent or the Surviving Corporation to prohibit own the assets or limit in any material respect operate the ability business of the Company’s stockholders receiving Merger Consideration to vote, receive dividends with respect to Parent or otherwise exercise ownership rights with respect to the Parent Common Stockany of its Subsidiaries.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Volcano CORP), Agreement and Plan of Merger (Cypress Bioscience Inc)
No Other Litigation. There shall not be pending any Legal Proceeding initiated by any Governmental Body (a) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement; or (b) seeking which, if unfavorably adjudicated, would materially and adversely affect the right of Parent or the Surviving Corporation to prohibit own the assets or limit in any material respect operate the ability business of the Company’s stockholders receiving Merger Consideration to vote, receive dividends with respect to Parent or otherwise exercise ownership rights with respect to the Parent Common Stockany of its Subsidiaries.
Appears in 1 contract
No Other Litigation. There shall not be pending any Legal Proceeding initiated by any Governmental Body (a) challenging or seeking to restrain or prohibit the consummation of the either Merger or any of the other transactions contemplated by this Agreement; or Agreement and (b) with a reasonable likelihood of an adverse judgment and relating to either Merger and seeking to prohibit obtain from Parent or limit in any material respect the ability of its Subsidiaries, or any of the Company’s stockholders receiving Merger Consideration Acquired Corporations, any damages or other relief that would be material to vote, receive dividends with respect to or otherwise exercise ownership rights with respect to the Parent Common StockParent.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Molecular Devices Corp)
