Common use of Required Vote of the Company Stockholders Clause in Contracts

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.9, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on the record date of the Company Meeting, voting together as a single class, is the only vote of holders of securities of the Company which is required to approve this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Osi Restaurant Partners, Inc.), Agreement and Plan of Merger (Wj Communications Inc), Agreement and Plan of Merger (Triquint Semiconductor Inc)

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Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.94.21, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock entitled to vote on this Agreement and the record date of the Company Meeting, voting together as a single class, Merger is the only vote of holders of securities of the Company which is required to approve this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pulte Homes Inc/Mi/), Agreement and Plan of Merger (Centex Corp)

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.9Article IV, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on representing at least a majority of all the record date votes entitled to be cast thereupon by holders of the Company Meeting, voting together as a single class, Common Stock is the only vote of holders of securities of the Company which is required to approve this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Dresser-Rand Group Inc.)

Required Vote of the Company Stockholders. Subject to Assuming the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.95.8, if required by applicable Law, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on the record date of the Company MeetingShares, voting together as a single class, representing at least a majority of the outstanding shares of capital stock of the Company entitled to vote thereon, is the only vote or consent of holders of securities of the Company which that is required to approve this Agreement Agreement, the Merger and the Merger other transactions contemplated hereby (the “Company Stockholder Approval”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Thermo Fisher Scientific Inc.), Agreement and Plan of Merger (Dionex Corp /De)

Required Vote of the Company Stockholders. Subject to Assuming the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.94.8, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on the record date of the Company MeetingStock, voting together as a single class, representing at least a majority of all the votes then entitled to vote at a meeting of stockholders, is the only vote of holders of securities of the Company which is required to approve this Agreement Agreement, the Merger and the Merger other transactions contemplated hereby (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fiserv Inc)

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.9Article V hereof, the affirmative vote of the holders of outstanding Shares representing at least a majority of all the outstanding shares votes entitled to be cast thereupon by holders of Company Common Stock on the record date of the Company Meeting, voting together as a single class, Shares is the only vote of holders of securities of the Company which is required to approve this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Respironics Inc)

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.9, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on the record date of the Company Meeting, voting together as a single class, is the only vote of holders of securities of the Company which is required to approve this Agreement and the Merger (the "Company Stockholder Approval").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ness Technologies Inc)

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub set forth in Section 4.9, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on representing at least a majority of all the record date votes entitled to be cast thereupon by holders of the Company Meeting, voting together as a single class, Common Stock is the only vote of holders of securities of the Company which is required to approve adopt this Agreement or to consummate the Merger and the Merger other transactions contemplated by this Agreement (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Varian Medical Systems Inc)

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Required Vote of the Company Stockholders. Subject to Assuming the accuracy of the representations Parent’s representation and warranties of Parent and Merger Sub warranty contained in Section 4.94.11, the affirmative vote of the holders of a majority of the issued and outstanding shares of Company Common Stock on the record date of the Company Meeting, voting together as a single class, is the only vote of holders of securities of the Company which is required to approve adopt this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (PAETEC Holding Corp.)

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.9, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on representing at least a majority of all the record date votes entitled to be cast thereupon by holders of the Company Meeting, voting together as a single classCommon Stock, is the only vote of holders of securities of the Company which is required to approve adopt this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Goodman Global Inc)

Required Vote of the Company Stockholders. Subject to Assuming the accuracy of the representations and warranties of Parent and Merger Sub in Section 4.94.07, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on representing at least a majority of all the record date votes then entitled to vote at a meeting of the Company Meeting, voting together as a single class, stockholders is the only vote of holders of any class of securities of the Company which is required to approve and adopt this Agreement Agreement, the Merger and the Merger other transactions contemplated hereby (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Harman International Industries Inc /De/)

Required Vote of the Company Stockholders. Subject to the accuracy of the representations and warranties of Parent and Merger Sub contained in Section 4.93.10 hereof, the affirmative vote of the holders of a majority of the outstanding shares of Company Common Stock on the record date of the Company Meeting, voting together as a single class, to approve this Agreement and the Merger is the only vote of holders of securities of the Company which is required necessary to approve this Agreement and the Merger (the “Company Stockholder Approval”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Memry Corp)

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