Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Maxlinear Inc), Agreement and Plan of Merger (Exar Corp), Acquisition Agreement (Ca, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Pulmuone Cornerstone Corp), Agreement and Plan of Merger (Covad Communications Group Inc), Agreement and Plan of Merger (Monterey Gourmet Foods)
Ownership of Company Capital Stock. Neither Other than as contemplated by this Agreement, neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company Company, as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Aml Communications Inc), Agreement and Plan of Merger (Aml Communications Inc), Agreement and Plan of Merger (Aml Communications Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (3PAR Inc.), Agreement and Plan of Merger (Hewlett Packard Co)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub the Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 5 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Allergan Inc), Agreement and Plan of Merger (MAP Pharmaceuticals, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub the Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Microfluidics International Corp), Agreement and Plan of Merger (ASP GT Holding Corp.), Agreement and Plan of Merger (Imclone Systems Inc)
Ownership of Company Capital Stock. Neither Parent Parent, Purchaser nor Merger Sub any of their respective affiliates is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Patient Safety Technologies, Inc), Agreement and Plan of Merger (Volcom Inc), Agreement and Plan of Merger (Danaher Corp /De/)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is“own” (within the meaning of Section 203) or have, nor at any time during within the last three (3) years has it beenyears, an “interested stockholderowned” any shares of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)Capital Stock.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bravo Holdco), Agreement and Plan of Merger (Blue Martini Software Inc), Agreement and Plan of Merger (Nektar Therapeutics)
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares, Preferred Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Iac/Interactivecorp), Agreement and Plan of Merger (Iac/Interactivecorp), Agreement and Plan of Merger (Care.com Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub the Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement and the Support Agreement).
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (General Electric Co), Agreement and Plan of Merger (Clarient, Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any Company Shares.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vitacost.com, Inc.), Agreement and Plan of Merger (Otsuka Holdings Co., Ltd.), Agreement and Plan of Merger (Astex Pharmaceuticals, Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) 3 years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Transcend Services Inc), Agreement and Plan of Merger (Nuance Communications, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 Chapter 110F of the DGCL Massachusetts General Laws (other than as contemplated by this Agreement). Neither Parent nor Merger Sub owns any shares of Company Common Stock.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Xcerra Corp), Agreement and Plan of Merger (Cohu Inc), Agreement and Plan of Merger (Xcerra Corp)
Ownership of Company Capital Stock. Neither Parent nor Parent, Merger Sub is, nor at any time of their respective Affiliates (nor any of their respective “Associates” as defined in Section 203 of the DGCL) is or has been during the last past three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (New Relic, Inc.), Agreement and Plan of Merger (Castlight Health, Inc.), Agreement and Plan of Merger (Cloudera, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any shares of Company Common Stock.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Jive Software, Inc.), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/), Agreement and Plan of Merger (Integrated Silicon Solution Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at (a) owns any time shares of Company Capital Stock as of the date hereof or (b) is (or has been during the last three (3two years prior to the date of this Agreement) years has it been, an “interested stockholder” of the Company (as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL) of the Company assuming that the representations of the Company set forth in Section 3.3(c) are true and correct.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Unilens Vision Inc), Agreement and Plan of Merger (Valeant Pharmaceuticals International, Inc.), Agreement and Plan of Merger (Salix Pharmaceuticals LTD)
Ownership of Company Capital Stock. Neither Parent Prior to the date hereof (and without giving effect the execution and delivery of the Voting Agreements), neither Parent, Merger Sub One nor Merger Sub isTwo, nor alone or together with any other Person, was at any time during the last three (3) years has it been, an “interested stockholdershareholder” within the meaning of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Td Ameritrade Holding Corp), Agreement and Plan of Merger (NetApp, Inc.)
Ownership of Company Capital Stock. Neither Parent nor None of Parent, Merger Sub or any other Subsidiary of Parent is, nor at any time during in the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Usa Truck Inc), Agreement and Plan of Merger (Usa Truck Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: V Agreement and Plan of Merger (Yahoo Inc), Agreement and Plan of Merger (Hotjobs Com LTD)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub the Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL and in Section 1(g) of Article NINTH of the Company Charter (in each case, other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Advanced Medical Optics Inc), Agreement and Plan of Merger (Abbott Laboratories)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Silver Spring Networks Inc), Agreement and Plan of Merger (Itron Inc /Wa/)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub Purchaser is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (North American Galvanizing & Coatings Inc), Agreement and Plan of Merger (Azz Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cypress Semiconductor Corp /De/), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Company Shares as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Genvec Inc), Agreement and Plan of Merger (Integra Lifesciences Holdings Corp)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub (nor any of their respective Affiliates) is, nor at any time during the last three (3) years has it have any of them been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Freescale Semiconductor Inc), Agreement and Plan of Merger (Freescale Semiconductor Inc)
Ownership of Company Capital Stock. Neither Parent nor None of Parent, Merger Sub or Second Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Occam Networks Inc/De), Agreement and Plan of Merger and Reorganization (Calix, Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 the GBCC. Neither Parent nor Merger Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the DGCL Company (other than as contemplated by this Agreement).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bottomline Technologies Inc /De/), Agreement and Plan of Merger (Optio Software Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). As of the date hereof, neither Parent nor Acquisition Sub owns any shares of Company Common Stock.
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any shares of Company Common Stock.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns, nor at any time during the last three (3) years has owned, any shares of Company Capital Stock.
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent Prior to the date hereof (and without giving effect the execution and delivery of the Voting Agreements), neither Parent, Merger Sub One nor Merger Sub isTwo, nor alone or together with any other Person, was at any time during the last three (3) years has it been, an “"interested stockholder” shareholder" within the meaning of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Thinkorswim Group Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Iv Agreement and Plan of Merger (Hewlett Packard Co)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub Subsidiary is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL Delaware Law (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lumos Networks Corp.)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any Company Shares. None of Parent, Acquisition Sub nor any of their Affiliates directly or indirectly owns any Company Shares as of the date hereof, other than shares beneficially owned through benefit or pension plans.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Avanir Pharmaceuticals, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent Parent, Merger Sub 1 nor Merger Sub 2 is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Peregrine Systems Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares as of the date hereof. Other than as a result of this Agreement and the Support Agreement, Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Wesco Aircraft Holdings, Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, ---------------------------------- nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is(nor any of their respective Affiliates), is nor at any time during the last three (3) years has it have any of them been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).. SECTION
Appears in 1 contract
Samples: Agreement and Plan of Merger (Synagro Technologies Inc)
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares, Preferred Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor or at any time during the last past three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL.
Appears in 1 contract
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares or other Equity Interests in the Company as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three two (32) years has it been, an “interested stockholder” of the Company as defined in Section 203 NRS 78.423 or an “Interested Stockholder” as defined in Article XIII of the DGCL Company’s articles of incorporation (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Merger Sub owns (directly or indirectly, beneficially or of record) or is a party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, in each case, any shares of capital stock of the Company (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Document Sciences Corp)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Western Digital Corp)
Ownership of Company Capital Stock. Neither Parent Parent, Merger Sub 1 nor Merger Sub 2 is, nor at any time during the last three (3) years has it been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Centillium Communications Inc)
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Company Shares as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years ending on the date of this Agreement has it been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Merger Sub nor any of their affiliates own any Company Shares as of the date of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Boingo Wireless, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. Neither During the 3 years prior to the date of this Agreement, (a) neither Parent nor or Merger Sub ishas “owned” any shares of Company Capital Stock; and (b) none of Parent, nor at Merger Sub, Guarantors or any time during the last three (3) years of their respective Affiliates has it been, been an “interested stockholder” of the Company (as such terms are defined in Section 203 of the DGCL (other than as contemplated by this Agreement)DGCL) of the Company.
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor Merger Sub (nor any of their respective Affiliates) is, nor at any time during the last three (3) years has it have any of them been, an “"interested stockholder” " of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Freescale Semiconductor Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it Parent or Acquisition Sub been, an “interested stockholder” of the Company as defined in Section 203 203(c) of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns (beneficially or otherwise) any shares of Company Common Stock (or any other economic interest through derivative securities or otherwise in the Company).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mattson Technology Inc)
Ownership of Company Capital Stock. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Merger Sub own any shares of Company Common Stock.
Appears in 1 contract
Ownership of Company Capital Stock. Neither Parent nor None of Parent, Merger Sub is, nor at or any time during the last three (3) years of their Affiliates has it been, been an “interested stockholder” of the Company (as defined in Section 203 of the DGCL (other than as contemplated by DGCL) of the Company, in each case, during the two years prior to the date of this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares as of the date hereof. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Ownership of Company Capital Stock. None of Parent, Merger Sub or any Parent Subsidiary beneficially owns any Shares. Neither Parent nor Merger Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Press Ganey Holdings, Inc.)
Ownership of Company Capital Stock. Neither Parent nor Merger Acquisition Sub is, nor at any time during the last three (3) years has it been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL (other than as contemplated by this Agreement). Neither Parent nor Acquisition Sub owns any shares of Company Common Stock.
Appears in 1 contract
Samples: Agreement and Plan of Merger (BigBand Networks, Inc.)
