Section 203 of the DGCL Not Applicable. The Board of Directors of Company has approved the Merger and the transactions contemplated by this Agreement, and such approval is sufficient so that the restrictions relating to "business combinations" contained in Section 203 of the DGCL will not apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sun Healthcare Group Inc), Escrow Agreement (MSC Software Corp), Agreement and Plan of Merger (Digital Insight Corp)
Section 203 of the DGCL Not Applicable. The Board of Directors of Company has approved the Merger Merger, this Agreement and the transactions contemplated by this Agreementhereby and thereby, and such approval is sufficient so that to render inapplicable to the Merger and the other transactions contemplated hereby the restrictions relating to "business combinations" contained in Section 203 of the DGCL will not DGCL, and no other antitakeover or similar statute or regulation of the State of Delaware or any other state or jurisdiction applies or purports to apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreementany such transactions.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lockheed Martin Corp), Agreement and Plan of Merger (Titan Corp)
Section 203 of the DGCL Not Applicable. The Board board of Directors directors and stockholders of Company has have approved the Merger and the transactions contemplated by this Agreement, and such approval is sufficient so that such that, were it to apply, the restrictions relating to "business combinations" contained in Section 203 of the DGCL will would not apply to the execution, delivery or performance of this Agreement by Company or the consummation by Company of the Merger or the other transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Digital Insight Corp)
Section 203 of the DGCL Not Applicable. The Board of Directors of Company has approved the Merger Merger, this Agreement and the transactions contemplated by this Agreementhereby and thereby, and such approval is sufficient so that to render inapplicable to the Merger and the other transactions contemplated hereby the restrictions relating to "business combinations" contained in Section 203 of the DGCL will not DGCL, and no other antitakeover or similar statute or regulation of the State of Delaware or any other state or jurisdiction applies or purports to apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreementany such transactions.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alternative Resources Corp)
Section 203 of the DGCL Not Applicable. The Board of Directors of -------------------------------------- Company has approved the Merger Merger, this Agreement and the transactions contemplated by this Agreementhereby and thereby, and such approval is sufficient so that to render inapplicable to the Merger and the other transactions contemplated hereby the restrictions relating to "business combinations" contained in Section 203 of the DGCL will not DGCL, and no other antitakeover or similar statute or regulation of the State of Delaware or any other state or jurisdiction applies or purports to apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreementany such transactions.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pomeroy It Solutions Inc)
