Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):
Appears in 194 contracts
Samples: Agreement and Plan of Merger (AssetMark Financial Holdings, Inc.), Agreement and Plan of Merger (PGT Innovations, Inc.), Agreement and Plan of Merger (PGT Innovations, Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders shareholders of the Company):
Appears in 83 contracts
Samples: Agreement and Plan of Merger (Chase Corp), Agreement and Plan of Merger (Chase Corp), Agreement and Plan of Merger (Raven Industries Inc)
Termination. This Agreement may be terminated and the Merger contemplated hereby may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement thereof by the stockholders of the Company)::
Appears in 52 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Phoenix Companies Inc/De), Agreement and Plan of Merger (Jekogian Iii Nickolas W)
Termination. This Notwithstanding any other provision of this Agreement, and notwithstanding the approval of this Agreement by the shareholders of Seller, this Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Time:
Appears in 20 contracts
Samples: Agreement and Plan of Merger (Simmons First National Corp), Agreement and Plan of Merger (Spirit of Texas Bancshares, Inc.), Agreement and Plan of Merger (Spirit of Texas Bancshares, Inc.)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the Transactions by the stockholders of the Company)::
Appears in 20 contracts
Samples: Agreement and Plan of Merger (McKesson Corp), Agreement and Plan of Merger (Cable & Wireless PLC), Agreement and Plan of Merger (Digital Island Inc)
Termination. This Agreement may be terminated and the Merger contemplated hereby may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement thereof by the stockholders of the Company):, but prior to the Effective Time:
Appears in 18 contracts
Samples: Agreement and Plan of Merger (SFX Entertainment, INC), Agreement and Plan of Merger (Murdock David H), Agreement and Plan of Merger (Dole Food Co Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time Closing (notwithstanding any approval of this Agreement by the stockholders of the Company):
Appears in 17 contracts
Samples: Agreement and Plan of Merger (Alexion Pharmaceuticals, Inc.), Agreement and Plan of Merger (Monogram Residential Trust, Inc.), Agreement and Plan of Merger (Acme Packet Inc)
Termination. This Agreement may be terminated and the Merger contemplated hereby may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement thereof by the stockholders shareholders of the Company)::
Appears in 17 contracts
Samples: Agreement and Plan of Merger (Claires Stores Inc), Agreement and Plan of Merger (Luxottica Group Spa), Agreement and Plan of Merger (Infodata Systems Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any whether before or after approval and adoption of this Agreement by the stockholders of the Company):'s stockholders:
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Intel Corp), Agreement and Plan of Merger (Intel Corp), Agreement and Plan of Merger (Cadence Design Systems Inc)
Termination. This Agreement may be terminated and the Merger transactions contemplated hereby may be abandoned abandoned, at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement the Merger by the stockholders of the Company):'s stockholders:
Appears in 15 contracts
Samples: Agreement and Plan of Merger (T Netix Inc), Agreement and Plan of Merger (Communications Investors Group), Agreement and Plan of Merger (Terremark Worldwide Inc)
Termination. This Agreement may be terminated and the Merger contemplated hereby may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement adoption thereof by the stockholders of the Company)::
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Timberland Co), Agreement and Plan of Merger (V F Corp), Agreement and Plan of Merger (Ecollege Com)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the transactions contemplated hereby by the stockholders of the Company)::
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Emerson Electric Co), Agreement and Plan of Merger (Artesyn Technologies Inc), Recapitalization Agreement and Plan of Merger (Westaff Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after adoption of this Agreement by the stockholders of the Company)::
Appears in 13 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Medical Action Industries Inc), Agreement and Plan of Merger (Owens & Minor Inc/Va/)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany or Parent):
Appears in 12 contracts
Samples: Iii Agreement and Plan of Merger (Prima Energy Corp), Agreement and Plan of Merger (Prima Energy Corp), Agreement and Plan of Merger (Ricoh Co LTD)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after receipt of this Agreement by the stockholders of the Company):Company Stockholder Approval:
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Dress Barn Inc), Agreement and Plan of Merger (Pharmion Corp), Agreement and Plan of Merger (Ruby Merger Corp.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after the adoption of this Agreement by the stockholders of the Company)::
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Neomedia Technologies Inc), Agreement and Plan of Merger (Neomedia Technologies Inc), Agreement and Plan of Merger (Nexland Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the transactions contemplated hereby by the stockholders shareholders of the Company)::
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Sano Corp), Recapitalization Agreement and Plan of Merger (Equitrac Corporation), Agreement and Plan of Merger (Jason Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders obtaining of the CompanyCompany Stockholder Approval):
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Hess Corp), Agreement and Plan of Merger (Hess Corp), Agreement and Plan of Merger (Renewable Energy Group, Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Merger, whether before or after the Company Stockholder Approval:
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Somanta Pharmaceuticals Inc.), Agreement and Plan of Merger (Access Pharmaceuticals Inc), Agreement and Plan of Merger (Access Pharmaceuticals Inc)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the transactions contemplated hereby by the stockholders of the Company)::
Appears in 9 contracts
Samples: Agreement and Plan of Merger (American Airlines Inc), Agreement and Plan of Merger (Wellman North America Inc), Agreement and Plan of Merger (Vivra Inc)
Termination. This Agreement may be terminated and the Offer and/or the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders receipt of the CompanyCompany Stockholder Approval):
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Mueller Industries Inc), Agreement and Plan of Merger (Tecumseh Products Co), Agreement and Plan of Merger (Tecumseh Products Co)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval Closing Date regardless of whether this Agreement and/or the Merger have been approved by the stockholders of the Company):Stockholders:
Appears in 9 contracts
Samples: Agreement and Plan of Merger (NantKwest, Inc.), Agreement and Plan of Merger (NantKwest, Inc.), Agreement and Plan of Merger (Shutterfly Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, and the Merger may be abandoned, notwithstanding any requisite approval and adoption of this Agreement and the Transactions by the stockholders of the Company)::
Appears in 9 contracts
Samples: Agreement and Plan of Merger (3com Corp), Agreement and Plan of Merger (Kimball International Inc), Agreement and Plan of Merger (Reptron Electronics Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time as follows (notwithstanding any approval of this Agreement the Merger by the stockholders of the Company):
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Solomon Page Group LTD), Agreement and Plan of Merger (Odyssey Investment Partners Fund LLC), Agreement and Plan of Merger (Stratosphere Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval requisite adoption of this Agreement by the stockholders of the Company)::
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Td Banknorth Inc.), Agreement and Plan of Merger (Toronto Dominion Bank), Agreement and Plan of Merger (Toronto Dominion Bank)
Termination. This Agreement may be terminated and the Offer and the Merger contemplated hereby may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):
Appears in 8 contracts
Samples: Document Agreement and Plan of Merger (Information Resources Inc), Document Agreement and Plan of Merger (Information Resources Inc), Agreement and Plan of Merger (Information Resources Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyShareholders):
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Pipeline Data Inc), Agreement and Plan of Merger (Pipeline Data Inc), Agreement and Plan of Merger (Affymetrix Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval the adoption of this Agreement by the stockholders of the Company)::
Appears in 8 contracts
Samples: Agreement and Plan of Merger (American Renal Associates Holdings, Inc.), Agreement and Plan of Merger (American Renal Associates Holdings, Inc.), Agreement and Plan of Merger (TRW Automotive Holdings Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time Time, whether (notwithstanding any approval of this Agreement by except as expressly set forth below) before or after the stockholders of the Company):Company Stockholder Approval has been obtained:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (GRIID Infrastructure Inc.), Agreement and Plan of Merger (GRIID Infrastructure Inc.), Agreement and Plan of Merger (Cleanspark, Inc.)
Termination. This Merger Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Date, whether before or after approval of this Agreement by the stockholders shareholders of the Company)::
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Cyrix Corp), Agreement and Plan of Merger (Cummins Engine Co Inc), Agreement and Plan of Merger (Corporate Advisors Lp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany Stockholders):
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Aerosonic Corp /De/), Agreement and Plan of Merger (Omnicare Inc), Agreement and Plan of Merger (Genesis Health Ventures Inc /Pa)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the transactions contemplated hereby by the stockholders shareholders of the Company)::
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Spine Tech Inc), Agreement and Plan of Merger (Smartflex Systems Inc), Agreement and Plan of Merger (Spine Tech Inc)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by provided that, in the stockholders case of the Company):, any such action must be authorized by a unanimous recommendation of the Special Committee), as follows:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Alibaba Group Holding LTD), Agreement and Plan of Merger (Chuanwei Zhang), Agreement and Plan of Merger (China Ming Yang Wind Power Group LTD)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after the adoption of this Agreement by the stockholders of the Company)::
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Medical Nutrition Usa Inc), Agreement and Plan of Merger (Pinnacle Gas Resources, Inc.), Agreement and Plan of Merger (Dell Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyShareholder Approval):
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Morgans Foods Inc), Agreement and Plan of Merger (Goodman Networks Inc), Agreement and Plan of Merger (Multiband Corp)
Termination. This Notwithstanding any other provision of this Agreement, and notwithstanding the approval of this Agreement by the shareholders of Target, this Agreement may be terminated and the Merger may be Mergers abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Time:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Mid Wisconsin Financial Services Inc), Agreement and Plan of Reorganization (Buckhead Community Bancorp Inc), Agreement and Plan of Merger (Ameris Bancorp)
Termination. This Agreement may be terminated and the Offer and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement the Merger by the stockholders of the Company):, if required by applicable provisions of the DGCL), prior to the Effective Time:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Kci Acquisition Corp), Agreement and Plan of Merger (Pacific Rehabilitation & Sports Medicine Inc), Agreement and Plan of Merger (Seneca West Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Closing Time (notwithstanding any whether before or after approval and adoption of this Agreement by the stockholders of the Company):'s stockholders:
Appears in 7 contracts
Samples: Plan and Agreement of Merger (Prism Financial Corp), Merger Agreement (Ac Acquisition Subsidiary Inc), Merger Agreement (Chesapeake Biological Laboratories Inc)
Termination. This Notwithstanding anything herein to the contrary, this Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company):Company has obtained stockholder approval:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (PCS Holding Corp), Agreement and Plan of Merger (Foodbrands America Inc), Agreement and Plan of Merger (Precision Response Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any prior approval of this Agreement by the stockholders shareholders of the Company):
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Kerzner International LTD), Agreement and Plan of Merger (Kerzner International LTD), Agreement and Plan of Merger (Penn National Gaming Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after receipt of the Company):Company Requisite Shareholder Vote:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Nashua Corp), Agreement of Merger (Cenveo, Inc), Agreement and Plan of Merger (Nashua Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders shareholders of the Company):
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Food Lion Inc), Agreement and Plan of Merger (Kenan Transport Co), Agreement and Plan of Merger (Arbor Drugs Inc)
Termination. This Agreement may be terminated and the Merger contemplated hereby may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement by the stockholders of the Company)::
Appears in 6 contracts
Samples: Agreement and Plan of Merger (SpineZ), Agreement and Plan of Merger (National Holdings Corp), Agreement and Plan of Merger (Gilman Ciocia, Inc.)
Termination. This Agreement may be terminated terminated, and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement thereof by the stockholders of the Company):Company or Acquiror:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Superior Silver Mines Inc), Agreement and Plan of Reorganization (Applied Digital Solutions Inc), Agreement and Plan of Reorganization (Applied Digital Solutions Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyStockholder Approval):
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Westlake Chemical Corp), Agreement and Plan of Merger (Axiall Corp/De/), Agreement and Plan of Merger (EF Johnson Technologies, Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany Shareholders):
Appears in 6 contracts
Samples: Agreement and Plan of Merger (ProFrac Holding Corp.), Agreement and Plan of Merger (FTS International, Inc.), Agreement and Plan of Merger (Sri Surgical Express Inc)
Termination. This Agreement may be terminated and the ----------- Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Black Hawk Gaming & Development Co Inc), Stockholder Agreement (Logitech International Sa), Agreement and Plan of Merger (MGM Grand Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement thereof by the stockholders of the Company)::
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Techforce Corp), Agreement and Plan of Merger (Superior Telecom Inc), Agreement and Plan of Merger (Mycogen Corp)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (abandoned, notwithstanding any approval requisite adoption of this Agreement by the stockholders of the Company)::
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Cryocor Inc), Agreement and Plan of Merger (Cryocor Inc), Agreement and Plan of Merger (Boston Scientific Corp)
Termination. This Agreement may be terminated and the Merger contemplated hereby may be abandoned at any time notwithstanding approval thereof by the shareholders of the Company, but prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Time:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Compass Bancshares Inc), Agreement and Plan of Merger (PMC International Inc), Agreement and Plan of Merger (Megabank Financial Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to time, notwithstanding the Effective Time (notwithstanding any approval of this Agreement thereof by the stockholders of the Company):Company at any time prior to Closing:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Sykes Enterprises Inc), Agreement and Plan of Merger (Euramax International Inc), Agreement and Plan of Merger (Webmd Corp /New/)
Termination. This Agreement may be terminated and the Merger and other transactions contemplated hereby may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement thereof by the stockholders of the Company)::
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Neff Rental LLC), Voting Agreement (Eyetech Pharmaceuticals Inc), Agreement and Plan of Merger (eGENE, INC.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval prior adoption of this Agreement by the stockholders of the Company):
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Curagen Corp), Agreement and Plan of Merger (Community Health Systems Inc), Agreement and Plan of Merger (Triad Hospitals Inc)
Termination. This Agreement may be terminated and the Merger transactions contemplated hereby may be abandoned abandoned, at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement the Merger by the stockholders of the Company)::
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Mercator Software Inc), Agreement and Plan of Merger (Ascential Software Corp), Agreement and Plan of Merger (Warburg Pincus Investors Lp)
Termination. This Agreement may be terminated and the Offer and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any whether before or after approval and adoption of this Agreement by the stockholders of the Company):’s stockholders:
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Fastclick Inc), Agreement and Plan of Merger and Reorganization (K2 Inc), Agreement and Plan of Merger and Reorganization (Valueclick Inc/Ca)
Termination. (a) This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement agreement by the stockholders of the Company):
Appears in 5 contracts
Samples: Distribution Agreement (Gartner Group Inc), Distribution Agreement (Ims Health Inc), Agreement and Plan of Merger (Unitrin Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Companycompany):
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Phar Mor Inc), Agreement and Plan of Merger (Pharmhouse Corp), Voting and Payment Agreement (Pharmhouse Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyStockholders):
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Formfactor Inc), Agreement and Plan of Merger (Formfactor Inc), Agreement and Plan of Merger (Formfactor Inc)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the Transactions by the stockholders of the Company):Company or Parent, as follows:
Appears in 5 contracts
Samples: Merger Agreement and Plan of Reorganization (FG Merger Corp.), Merger Agreement and Plan of Reorganization (Breeze Holdings Acquisition Corp.), Merger Agreement and Plan of Reorganization (Mana Capital Acquisition Corp.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any requisite approval and adoption of this Agreement and approval of the Merger by the stockholders shareholders of the Company)::
Appears in 5 contracts
Samples: Agreement and Plan of Merger (CBP Holdings Inc), Agreement and Plan of Merger (Citigroup Inc), Agreement and Plan of Merger (Cameron Ashley Building Products Inc)
Termination. This Agreement may be terminated and the Offer and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement the Merger by the stockholders of the Company):) prior to the Effective Time:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Gec Acquisition Corp), Agreement and Plan of Merger (Tracor Inc /De), Agreement and Plan of Merger (Eig Acquisition Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after receipt of the Company):Company Stockholder Approval:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (RealD Inc.), Agreement and Plan of Merger (Thermo Fisher Scientific Inc.), Agreement and Plan of Merger (LOC Acquisition CO)
Termination. This Notwithstanding any other provision of this Agreement, and notwithstanding the approval of this Agreement, the Merger and the transactions contemplated hereby by the shareholders of the Company, this Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Time:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sterling Bancshares Inc), Agreement and Plan of Merger (Sterling Bancshares Inc), Agreement and Plan of Merger (Sterling Bancshares Inc)
Termination. This Agreement may be terminated and the Tender Offer and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement by the stockholders of the Company):, as follows:
Appears in 5 contracts
Samples: Merger Agreement (Ford Motor Co), Merger Agreement (Ford Motor Co), Agreement and Plan of Merger (Hertz Corp)
Termination. This Agreement may be terminated and the Merger ----------- contemplated hereby may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement thereof by the stockholders of the Company):, but prior to the Effective Time:
Appears in 4 contracts
Samples: Escrow Agreement (Telesciences Inc /De/), Agreement and Plan of Merger (Quad-C Inc), Agreement and Plan of Merger (Avery Dennison Corporation)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior before the Effective Time, whether before or after Subsidiary shall have accepted for payment and paid for all Shares validly tendered and not withdrawn pursuant to the Effective Time Offer or after the Company Shareholder Approval (notwithstanding any approval of this Agreement if required by the stockholders of the Company):applicable law) only:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Falcon Financial Investment Trust), Agreement and Plan of Merger (Istar Financial Inc), Agreement and Plan of Merger (Istar Financial Inc)
Termination. This Agreement may be terminated terminated, and the Merger and the other Transactions may be abandoned abandoned, at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the Transactions by the stockholders of the Company):Company or Parent, as follows:
Appears in 4 contracts
Samples: Merger Agreement and Plan of Reorganization (Progressive Care Inc.), Merger Agreement and Plan of Reorganization (NextPlat Corp), Merger Agreement and Plan of Reorganization (Progressive Care Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyMediaOne):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mediaone Group Inc), Agreement and Plan of Merger (At&t Corp), Agreement and Plan of Merger (Mediaone Group Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (except as provided below, notwithstanding any approval of this Agreement by the stockholders shareholders of the Company):
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Pacificare Health Systems Inc /De/), Agreement and Plan of Merger (American Medical Security Group Inc)
Termination. This Agreement may be terminated terminated, and the Merger contemplated by this Agreement may be abandoned abandoned, at any time prior to the Effective Time (Time, notwithstanding any approval the adoption of this Agreement and the approval of the Merger by the stockholders of the Company)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Convergent Communications Inc /Co), Agreement and Plan of Merger (White William S), Agreement and Plan of Merger (Convergent Communications Inc /Co)
Termination. This Agreement may be terminated terminated, and the Merger may be abandoned at any time prior to the Effective Time Time, whether before or after the Pivotal Stockholder Approvals have been obtained (notwithstanding with any approval of this Agreement termination by the stockholders of the CompanyVMware also being an effective termination by Merger Sub):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pivotal Software, Inc.), Agreement and Plan of Merger (Dell Technologies Inc), Agreement and Plan of Merger (Vmware, Inc.)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the Transactions by the stockholders of the Company):Company or SPAC, as follows:
Appears in 4 contracts
Samples: Business Combination Agreement (Maquia Capital Acquisition Corp), Business Combination Agreement (Maquia Capital Acquisition Corp), Business Combination Agreement (Aurora Technology Acquisition Corp.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval the adoption of this Agreement by the stockholders shareholders of the Company)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Netshoes (Cayman) Ltd.), Agreement and Plan of Merger, Agreement and Plan of Merger
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the transactions contemplated hereby by the stockholders of the Company):Company Stockholders:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Teradyne, Inc), Agreement and Plan of Merger (REVA Medical, Inc.), Agreement and Plan of Merger (OccuLogix, Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the Board of Directors of the Company or Parent or the stockholders of the CompanyCompany or Parent):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Sonat Inc), Agreement and Plan of Merger (Universal Compression Inc), Agreement and Plan of Merger (Universal Compression Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (Time, and the Merger may be abandoned, notwithstanding any approval requisite adoption of this Agreement by the stockholders of the Company)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Genentech Inc), Agreement and Plan of Merger (Oplink Communications Inc), Agreement and Plan of Merger (Optical Communication Products Inc)
Termination. This Agreement may be terminated and the Merger and the other transactions contemplated by this Agreement may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement thereof by the stockholders shareholders of the Company):, as follows:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Rochester & Pittsburgh Coal Co), Agreement and Plan of Merger (Consol Inc), Agreement and Plan of Merger (Hovnanian Enterprises Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned abandoned, at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement thereof by the stockholders of the Company):Company and Parent:
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Trustfeed Corp.), Agreement and Plan of Merger and Reorganization (Brain Scientific Inc.), Agreement and Plan of Merger and Reorganization (NEUROONE MEDICAL TECHNOLOGIES Corp)
Termination. This Agreement may be terminated and the Merger and the other Transactions may be abandoned at any time prior to the Effective Time (Time, notwithstanding any requisite approval and adoption of this Agreement and the Transactions by the stockholders of the Company):’s shareholders:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (NCR Corp), Agreement and Plan of Merger (Retalix LTD), Agreement and Plan of Merger (Retalix LTD)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement and the Merger by the stockholders of the Company):, as follows:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pegasus Solutions Inc), Agreement and Plan of Merger (Applied Innovation Inc), Agreement and Plan of Merger (Carreker Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any whether before or after approval and adoption of this Agreement by the stockholders of the Company):’s stockholders:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (K2 Inc), Agreement and Plan of Merger (American Real Estate Partners L P), Agreement and Plan of Merger (National Energy Group Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the Board of Directors of the Company or Parent or the stockholders of the Company):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Emerson Electric Co), Agreement and Plan of Merger (Tandem Computers Inc /De/), Agreement and Plan of Merger (Computational Systems Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time Merger Date (notwithstanding any approval or adoption of this Agreement by the stockholders of the CompanyCompany or the shareholders of Buyer):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Phoenix International Life Sciences Inc), Agreement and Plan of Merger (Chrysalis International Corp), Agreement and Plan of Merger (Modine Manufacturing Co)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders mutual written consent of the Company):Company and HoldingCo by action of their respective Boards of Directors.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Envision Development Corp /Fl/), Agreement and Plan of Merger (E Com Ventures Inc), Agreement and Plan of Merger (RMS Titanic Inc)
Termination. This Agreement may be terminated and the Offer and Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany Stockholders):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (NCS Healthcare Inc), Agreement and Plan of Merger (Omnicare Inc), Agreement and Plan of Merger (Omnicare Inc)
Termination. This Agreement may be terminated terminated, and the Merger may be abandoned abandoned, at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after the adoption of this Agreement by the stockholders holders of the CompanyCompany Common Stock or the Parent Common Stock, in each case by written notice of the terminating party to the other(s):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Crossmann Communities Inc), Agreement and Plan of Merger (Beazer Homes Usa Inc), Agreement and Plan of Merger (Crossmann Communities Inc)
Termination. This Agreement may be terminated and the Merger ----------- contemplated hereby may be abandoned at any time prior to the Effective Time (Time, notwithstanding any approval of this Agreement thereof by the stockholders of the Company)::
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Medarex Inc), Agreement and Plan of Merger (Black Leon D), Agreement and Plan of Reorganization (Medarex Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Merger Effective Time (notwithstanding any approval of this Agreement by whether before or after the stockholders of the CompanyCompany have approved the Merger at the Company Stockholders’ Meeting, as follows (the date of any such termination, the “Termination Date”):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Darwin Professional Underwriters Inc), Agreement and Plan of Merger (Allied World Assurance Co Holdings LTD), Agreement and Plan of Merger (Alleghany Corp /De)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to (before or after the Effective Time (notwithstanding any approval adoption of this Agreement by the stockholders of the Company):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Acer Inc), Agreement and Plan of Merger (Gateway Inc), Agreement and Plan of Merger (Bei Technologies Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement and the Merger by the stockholders of the Company)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Clean Harbors Inc), Agreement and Plan of Merger (BMC Software Inc), Agreement and Plan of Merger (Marimba Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any whether before or after approval and adoption of this Agreement by the stockholders of the Company):'s shareholders:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cadence Design Systems Inc), Agreement and Plan of Merger (Intel Corp), Agreement and Plan of Merger (Quidel Corp /De/)
Termination. This Agreement may be terminated and the ----------- Merger contemplated hereby may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement thereof by the stockholders of the Company):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (Shopko Stores Inc)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company, except in the case of Section 10.01(d)(iii)):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Rennes Fondation), Agreement and Plan of Merger (Goldman Sachs Group Inc), Agreement and Plan of Merger (Ebix Inc)
Termination. This Notwithstanding any other provision of this Agreement, and notwithstanding the approval of this Agreement by the shareholders of Subject Company, this Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Time:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Merchants Bancshares Inc /Tx/), Agreement and Plan of Merger (Capital Bancorp/Fl), Agreement and Plan of Merger (Union Planters Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement by the stockholders of the Company)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Camelot Music Holdings Inc), Agreement and Plan of Merger (Biovail Corporation International), Agreement and Plan of Merger (Elan Corp PLC)
Termination. This Agreement may be terminated and the Merger ----------- transactions contemplated hereby may be abandoned abandoned, at any time prior to the Effective Time (notwithstanding any Time, whether before or after approval of this Agreement the Merger by the stockholders of the Company):'s stockholders:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Getronics N V), Agreement and Plan of Merger (New England Business Service Inc), Agreement and Plan of Merger (Royal Ahold)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time Time, whether before or after the Company Stockholder Approval has been obtained (notwithstanding any approval of this Agreement by the stockholders of the Companyexcept as otherwise stated below):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Becton Dickinson & Co), Agreement and Plan of Merger (Resource Capital Corp.), Agreement and Plan of Merger (Resource America, Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany and/or Parent):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Crdentia Corp), Agreement and Plan of Merger (iVOW, Inc.), Agreement and Plan of Merger (Inamed Corp)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time, notwithstanding the approval thereof by the shareholders of the Company at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company):Closing:
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Russell Corp), Agreement and Plan of Merger (WebMD Health Corp.), Agreement and Plan of Merger (Nautilus, Inc.)
Termination. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any approval the adoption of this Agreement by the stockholders of the Company):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CKX, Inc.), Agreement and Plan of Merger (Williams Scotsman International Inc), Agreement and Plan of Merger (Solo Texas, LLC)
