Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between Corporation and any other Person, including the Non-Disclosure Agreement, if at any time, prior to obtaining the Required Shareholder Approval, Corporation receives a bona fide written Acquisition Proposal that did not result from any breach of Section 5.1, Corporation may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information of Corporation or any of its Subsidiaries, if, in the case of this clause (b):
Appears in 2 contracts
Samples: Arrangement Agreement (Shockwave Medical, Inc.), Arrangement Agreement (Neovasc Inc)
Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between Corporation the Company and any other Person, including without limitation the Non-Disclosure Agreement, if at any time, time prior to obtaining the Required Shareholder Approval, Corporation the Company receives a bona fide unsolicited written Acquisition Proposal that did not result from any breach of Section 5.1Proposal, Corporation the Company may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information information, properties, facilities, or books and records of Corporation the Company or any of its Subsidiaries, if and only if, in the case of this clause (b):
Appears in 2 contracts
Samples: Arrangement Agreement (Semtech Corp), Arrangement Agreement (Sierra Wireless Inc)
Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between the Corporation and any other Person, including without limitation the Non-Disclosure AgreementConfidentiality Arrangements, if at any time, time prior to obtaining the Required Shareholder Approval, the Corporation receives a bona fide unsolicited written Acquisition Proposal that did not result from any breach of Section 5.1Proposal, the Corporation may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, ; and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information information, properties, facilities, or books and records of the Corporation or any of its Subsidiaries, if and only if, in the case of this clause (b):
Appears in 1 contract
Samples: Arrangement Agreement
Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between Corporation and any other Person, including the Non-Disclosure Agreement, if at any time, time prior to obtaining the Required Shareholder Approval, Corporation the Company receives a bona fide an unsolicited written Acquisition Proposal that did not result from any breach of Section 5.1Proposal, Corporation the Company may (ai) contact the Person person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (bii) engage in or participate in discussions or negotiations with such Person person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information information, properties, facilities, books or records of Corporation the Company or any of its Subsidiaries, if and only if, in the case of this clause (bii):
Appears in 1 contract
Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between the Corporation and any other Person, including the Non-Disclosure Confidentiality Agreement, if at any time, time prior to obtaining the Required Shareholder Approval, the Corporation receives a bona fide unsolicited written Acquisition Proposal that did not result from any breach of Section 5.1Proposal, the Corporation may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information information, properties, facilities, or books and records of the Corporation or any of its Subsidiaries, if and only if, in the case of this clause (b):
Appears in 1 contract