Common use of The Merger Agreement Clause in Contracts

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, delivery or public announcement of the Merger Agreement nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable, (b) IAC, Merger Sub or any of their affiliates to be an Acquiring Person, (c) a Share Acquisition Date to occur or (d) a Distribution Date to occur.

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, delivery or public announcement of the Merger Agreement nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisableexercisable under the Rights Agreement, (b) IAC, Merger Sub Parent or any of their its affiliates to be deemed an Acquiring Person, or (c) a the Distribution Date or the Share Acquisition Date to occur or (d) a Distribution Date to occur.

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, delivery or public announcement of the Merger Agreement nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable, (b) IAC, Merger Sub BAC or any of their affiliates its Affiliates or Associates to be an Acquiring Person, (c) a Share Stock Acquisition Date to occur or (d) a Distribution Date to occur.

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, execution or delivery or public announcement of the Merger Agreement or the Ancillary Agreements, nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable, (b) IAC, Merger Sub Xxxxxx or any of their its affiliates or stockholder to be an Acquiring Person, (c) a Share Triggering Event to occur, (d) a Shares Acquisition Date to occur or (de) a Distribution Date to occur.”

The Merger Agreement. Notwithstanding anything contained in this Agreement to the contrary, neither the approval, execution, execution or delivery or public announcement of the Merger Agreement or the Ancillary Agreements, nor the consummation of the transactions contemplated thereby or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable, (b) IAC, Merger Sub Hxxxxx or any of their its affiliates or stockholder to be an Acquiring Person, (c) a Share Triggering Event to occur, (d) a Shares Acquisition Date to occur or (de) a Distribution Date to occur.”