Statutory Merger. If the Purchaser shall acquire less than ---------------- 95% of the outstanding Shares pursuant to the Offer then Purchaser may elect, to the extent permitted by the DCC, to effectuate a statutory merger (a "Statutory Merger") involving the Company as a disappearing entity pursuant to Section 2.308 et seq. of the DCC, in which case, to the extent permitted by the DCC, the merger consideration shall be the same as (or shall provide equivalent value as) the Offer Price. The Company shall use its best efforts to facilitate such a Statutory Merger.
Appears in 3 contracts
Sources: Acquisition Agreement (Renaissance Hotel Group N V), Acquisition Agreement (Marriott International Inc), Acquisition Agreement (Marriott International Inc)