Ownership of Capital Stock. None of Parent, Merger Sub, any of their respective Subsidiaries or the “affiliates” or “associates” of any such Person is, and at no time during the last two (2) years has been, an “interested stockholder” of the Company (in each case, as such terms are defined in the DGCL). Neither Parent nor Merger Sub “owns” (as such term is defined in the DGCL) any shares of capital stock of, or any security convertible or exchangeable for any shares of capital stock of, the Company other than as a result of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Albertsons Companies, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Kroger Co)
