Section 203 of the DGCL. Assuming the accuracy of the representations and warranties of Merger Partner in Section 3.23, the Public Company Board has taken all actions so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” (as defined in Section 203 of the DGCL) shall not apply to the execution, delivery or performance of this Agreement or any of the agreements ancillary hereto.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Chanticleer Holdings, Inc.), Agreement and Plan of Merger (Boston Therapeutics, Inc.), Agreement and Plan of Merger (Amergent Hospitality Group, Inc)
Section 203 of the DGCL. Assuming the accuracy of the representations and warranties of Parent and Merger Partner Sub in Section 3.234.7, the Public Company Board has taken all actions necessary so that the restrictions contained in Section 203 of the DGCL applicable to a “"business combination” " (as defined in Section 203 of the DGCL203) shall not apply to the execution, delivery or performance of this Agreement or any the consummation of the agreements ancillary hereto.Offer, the Merger or the Transactions. ARTICLE 4
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Millennium Pharmaceuticals Inc), Agreement and Plan of Merger (Millennium Pharmaceuticals Inc)
Section 203 of the DGCL. Assuming the accuracy of the representations and warranties of Merger Partner in Section 3.233.24, the Public Company Board has taken all actions so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” (as defined in Section 203 of the DGCL203) shall not apply to the execution, delivery or performance of this Agreement, the Public Company Support Agreement or any the consummation of the agreements ancillary heretoMerger or the other transactions contemplated by this Agreement or the Public Company Support Agreement.
Appears in 1 contract
Section 203 of the DGCL. Assuming the accuracy of the representations and warranties of Merger Partner in Section 3.23, the Public Company Board has taken all actions so that the restrictions contained in Section 203 of the DGCL applicable to a “business combination” (as defined in Section 203 of the DGCL203) shall not apply to the execution, delivery or performance of this Agreement, the Public Company Support Agreement or any the consummation of the agreements ancillary heretoMerger or the other transactions contemplated by this Agreement or the Public Company Support Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Millendo Therapeutics, Inc.)
