Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, if at any time, prior to obtaining the approval by Phivida Shareholders of the Arrangement Resolution, a Notified Party receives a written Acquisition Proposal, the Notified Party may 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, properties, facilities, books or records of the Notified Party and its Subsidiaries if, and only if:
Appears in 3 contracts
Samples: Arrangement Agreement, Arrangement Agreement, Arrangement Agreement
Responding to an Acquisition Proposal. (1a) Notwithstanding Section 5.17.01, if at any time, prior to obtaining the approval by Phivida Company Shareholders of the Arrangement Resolution, a Notified Party receives a written Acquisition Proposal, the Notified Party may 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, properties, facilities, books or records of the Notified Party and its Subsidiaries if, and only if:
Appears in 2 contracts
Samples: Arrangement Agreement, Arrangement Agreement
