Common use of Section 203 of the DGCL Clause in Contracts

Section 203 of the DGCL. As of the date hereof, neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and at no time during the last three years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” any shares of capital stock of the Company as defined in Section 203 of the DGCL.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Ims Health Inc), Agreement and Plan of Merger (Merge Healthcare Inc), Agreement and Plan of Merger (AMICAS, Inc.)

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Section 203 of the DGCL. As of the date hereof, neither Neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and nor at no any time during for the last past three years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” any shares of capital stock of the Company as defined in Section 203 of the DGCL.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Standard Microsystems Corp), Agreement and Plan of Merger (Microchip Technology Inc)

Section 203 of the DGCL. As of the date hereof, neither Parent nor Merger Sub nor any of their respective “affiliates” or “associates” is, and at no time during the last three (3) years has been, an “interested stockholder” of the Company Company, as defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” any shares of capital stock of the Company as such terms are defined in Section 203 of the DGCL.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Viking Holdings LLC), Agreement and Plan of Merger (Virtual Radiologic CORP)

Section 203 of the DGCL. As of the date hereof, neither Neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and at no time during the last three years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” owns (in the aggregate) 5% or more of any shares of the capital stock of the Company as defined in for purposes of Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vertrue Inc)

Section 203 of the DGCL. As of the date hereof, neither Neither Parent nor Merger Sub Sub, nor any of their affiliatesaffiliate” or “associatesassociate(as such terms are defined in Section 203 of the DGCL) of Parent or Merger Sub is, and nor at no any time during for the last past three years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL. As of the date hereof, and neither Parent nor none of Parent, Merger Sub “owns” or any shares of capital stock of the their respective Subsidiaries owns any Company as defined in Section 203 of the DGCLCommon Stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Microsemi Corp)

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Section 203 of the DGCL. As of the date hereofAgreement Date, neither the Parent nor Merger Sub nor any of their respective “affiliates” or “associates” is, and at no time during the last three (3) years has been, an “interested stockholder” of the Company Company, as defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” any shares of capital stock of the Company as such terms are defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intersect ENT, Inc.)

Section 203 of the DGCL. As of the date hereof, neither Neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and at no time during the last three years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL. As of the date of this Agreement, and neither Parent nor Merger Sub “owns” owns any shares of capital stock of the Company as defined in for purposes of Section 203 of the DGCL203.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quanta Services Inc)

Section 203 of the DGCL. As of Neither the date hereof, neither Parent nor Merger Sub nor any of their “affiliates” or “associates” is, and nor at no any time during for the last past three years has been, an “interested stockholder” of the Company as defined in Section 203 of the DGCL, and neither Parent nor Merger Sub “owns” any shares of capital stock of the Company as defined in Section 203 of the DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ista Pharmaceuticals Inc)

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