Section 203 of Delaware Law. The Board has approved this Agreement and the Transactions for purposes of Section 203 of Delaware Law prior to Purchaser becoming an "interested stockholder" under Section 203 of Delaware Law and hereby waives any right, interest or claim that it may have under Section 203 of Delaware Law to amend or terminate any agreements previously entered into by the Company and Purchaser or its affiliates, as well as any new service agreements between the Company and a third party that is an affiliate of Purchaser as contemplated by the Plan of Liquidation.
Section 203 of Delaware Law. The Board of Directors of Viacom has approved this Agreement and such Viacom approval is sufficient to render inapplicable to this Agreement, the Parent Voting Agreements and the transactions contemplated hereby and thereby the provisions of Section 203 of Delaware Law.
Section 203 of Delaware Law. The Board of Directors of Carlyle has approved the Merger and this Agreement, and such approval is sufficient to render inapplicable to the Merger and this Agreement, and the transactions contemplated by this Agreement, the provisions of Section 203 of Delaware Law. No other state takeover statute or similar statute or regulation applies or purports to apply to the Merger, this Agreement or the transactions contemplated by this Agreement.
Section 203 of Delaware Law. Not Applicable. The CrossComm Board has taken all actions so that the restrictions contained in Section 203 of Delaware Law applicable to a "business combination" (as defined in Section 203 of the Delaware Law) will not apply to the execution, delivery or performance of this Agreement, the consummation of the Merger or the other transactions contemplated by this Agreement.
Section 203 of Delaware Law. Not Applicable. The Board has taken all actions so that the restrictions contained in Section 203 of the Delaware Law applicable to a "business combination" (as defined in such Section 203) will not apply to the execution, delivery or performance of this Agreement or the Stockholders Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement.
