Examples of Andrx Merger in a sentence
It is intended by the parties hereto that the Andrx Merger shall constitute a reorganization within the meaning of Section 368(a)(1)(A) (by reason of Section 368(a)(2)(E)) of the Code.
The Participant may alter his or her selection among the investment media either for the Participant’s existing Deferral Account balance and/or future deferrals in one percent increments (or such other increments that the Administrative Committee may specify) once each Plan Year (or at such other intervals as the Administrative Committee may specify); provided that Performance Deferral, as adjusted pursuant to Section 5.2, must remain deemed invested in the Steelcase Stock Fund.
Each stock certificate of Andrx Merger Sub evidencing ownership of any such shares shall continue to evidence ownership of such shares of capital stock of the Andrx Surviving Corporation.
In addition, New Andrx, Andrx and Cybear each agree that in the event such party becomes aware of any such fact or circumstance that is reasonably likely to prevent either the Andrx Merger or the Cybear Merger from qualifying for tax-free treatment described herein, it will promptly notify the other party in writing.
Xxxx whereby they agree to vote in favor of this Agreement and the Andrx Merger.
No fraction of a share will be issued to the Shareholders of Andrx in the Andrx Merger.
Andrx has full power and authority (including full corporate power and authority) to execute and deliver this Agreement and to perform its obligations hereunder; provided, however, that Andrx cannot consummate the Andrx Merger unless and until it receives the Required Andrx Shareholder Vote.