Redemption or Repurchase. Other than any amounts paid by Company to the Shareholders who exercise appraisal rights, neither Company nor persons related to Company (within the meaning of Treasury Regulations Section 1.368-1(e)(3), (e)(4) and (e)(5)) (i) have redeemed, purchased or otherwise acquired Company capital stock or (ii) have made any distributions with respect to its capital stock prior to and in contemplation of the Transaction or otherwise as part of a plan of which the Transaction is a part.
Appears in 2 contracts
Sources: Merger Agreement (Arthrocare Corp), Merger Agreement (Arthrocare Corp)