Takeover Provisions. Assuming the accuracy of the representations contained in Section 4.14(a), the Company Board has adopted such resolutions as are necessary to render inapplicable to this Agreement, the Combination and the other transactions contemplated hereby the restrictions on “business combinations” (as defined in Section 203 of the DGCL) as set forth in Section 203 of the DGCL. Assuming the accuracy of the representation contained in Section 4.14(a), to the knowledge of the Company, no other state “fair price,” “moratorium,” “control share acquisition” or similar state antitakeover statute or regulation is applicable to the Combination or any of the other transactions contemplated hereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (EarthLink Holdings Corp.), Agreement and Plan of Merger (Windstream Holdings, Inc.)
Takeover Provisions. Assuming the accuracy of the representations contained in Section 4.14(a)3.14, the Company Parent Board has adopted such resolutions as are necessary to render inapplicable to this Agreement, the Combination and the other transactions contemplated hereby the restrictions on “business combinations” (as defined in Section 203 of the DGCL) as set forth in Section 203 of the DGCL. Assuming the accuracy of the representation contained in Section 4.14(a3.14(a), to the knowledge of the CompanyParent, no other state “fair price,” “moratorium,” “control share acquisition” or similar state antitakeover statute or regulation is applicable to the Combination or any of the other transactions contemplated hereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Windstream Holdings, Inc.), Agreement and Plan of Merger (EarthLink Holdings Corp.)
