Common use of Parachute Payment Waivers Clause in Contracts

Parachute Payment Waivers. The Company shall use commercially reasonable efforts to obtain and deliver to Acquiror, prior to the initiation of the requisite stockholder approval procedure under Section 5.7, a parachute payment waiver from each Person who the Company reasonably believes is, with respect to the Company, a “disqualified individual” (within the meaning of Section 280G of the Code and the regulations promulgated thereunder), as determined immediately prior to the initiation of the requisite stockholder approval procedure under Section 5.7, and who might otherwise have, receive or have the right or entitlement to receive a parachute payment under Section 280G of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Affymetrix Inc)

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Parachute Payment Waivers. The Company shall use commercially reasonable efforts to obtain and deliver to Acquiror, prior to the initiation of the requisite stockholder approval procedure under Section 5.75.8, a parachute payment waiver from each Person who the Company reasonably believes is, with respect to the Company, a “disqualified individual” (within the meaning of Section 280G of the Code and the regulations promulgated thereunder), as determined immediately prior to the initiation of the requisite stockholder approval procedure under Section 5.75.8, and who might otherwise have, receive or have the right or entitlement to receive a parachute payment under Section 280G of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Affymetrix Inc)

Parachute Payment Waivers. The Company shall use commercially reasonable efforts to obtain and deliver to AcquirorAcquirer, prior to the initiation of the requisite stockholder approval procedure under Section 5.75.14, a parachute payment waiver Parachute Payment Waiver from each Person who the Company reasonably believes is, with respect to the Company, a “disqualified individual” (within the meaning of Section 280G of the Code and the regulations promulgated thereunder), as determined immediately prior to the initiation of the requisite stockholder approval procedure under Section 5.75.14, and who might otherwise have, receive or have the right or entitlement to receive a parachute payment under Section 280G of the CodeCode as a result of the Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MongoDB, Inc.)

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Parachute Payment Waivers. The Company shall use commercially reasonable efforts to obtain and deliver to AcquirorPurchaser, prior to the initiation of the requisite stockholder approval procedure under Section 5.7, a parachute payment waiver from each Person who the Company reasonably believes is, with respect to the Company, a “disqualified individual” (within the meaning of Section 280G of the Code and the regulations promulgated thereunder), as determined immediately prior to the initiation of the requisite stockholder approval procedure under Section 5.7, and who might otherwise have, receive or have the right or entitlement to receive a parachute payment under Section 280G of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bone Biologics, Corp.)

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