Solicitation Statement. As promptly as practicable (and in any event within ten (10) Business Days) following the execution of this Agreement, Target shall submit a Solicitation Statement to the Stockholders. Target shall promptly advise Acquiror, and Acquiror will promptly advise Target, in writing if at any time prior to the Effective Time either Target or Acquiror shall obtain knowledge of any facts that might make it necessary or appropriate to amend or supplement the Solicitation Statement in order to make the statements contained or incorporated by reference therein not misleading or to comply with Applicable Law. The Solicitation Statement and any and all amendments or supplements to the Solicitation Statement submitted to the Stockholders shall be subject to Acquiror’s advance review and approval, not to be unreasonably withheld, conditioned or delayed. Anything to the contrary contained herein notwithstanding, Target shall not include in any such amendment or supplement any information with respect to Acquiror unless the form and content of which information shall have been approved by Acquiror prior to such inclusion.
Appears in 2 contracts
Sources: Merger Agreement (INPHI Corp), Agreement and Plan of Merger (INPHI Corp)