Subsequent Determination definition

Subsequent Determination has the meaning given in Section 5.6(iii).

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Subsequent Determination shall have the meaning as set forth in Section 7.1(b) of the Agreement.

Subsequent Determination shall have the meaning given thereto in Section 6.04(e).

Examples of Subsequent Determination in a sentence

• The obligations of each such Stockholder specified in this Section 4 shall apply whether or not the Board of Directors of VoiceStream makes a Subsequent Determination.

• After providing such notice, Seller shall provide Buyer reasonable opportunity during this five business day period to make such adjustments in the terms and conditions of this Agreement as would enable Seller to proceed with its recommendation to its shareholders without a Subsequent Determination; provided, however, that any such adjustment shall be at the discretion of the Parties at the time.

• The obligations of each such Stockholder specified in this SECTION 4 shall apply whether or not the Board of Directors of Powertel makes a Subsequent Determination.

• Stockholder shall at all times publicly support the Merger; provided, however, that in the event of a Phone Subsequent Determination (as defined in the Merger Agreement), the Stockholder shall have no obligation pursuant to this Section 10 other than to comply with the Stockholder's obligations under Section 6 hereof.

• Such written notice shall specify the material terms and conditions of such Superior Proposal (and include a copy thereof with all accompanying documentation, if in writing), identify the person making such Superior Proposal and state that the Board of Directors of the Company intends to make a Subsequent Determination.

More Definitions of Subsequent Determination

Subsequent Determination shall have the meaning set forth in Section 6.02 hereof.

Subsequent Determination means a determination by the Board of Directors of Target not to recommend the approval and adoption of the Merger Agreement by holders of Target Common Stock.

Subsequent Determination shall have the meaning set forth in Section 6.6.

Subsequent Determination has the meaning set forth in Section 5.17(c).

Subsequent Determination is defined in Section 5.4(c). "Superior Proposal" means an unsolicited bona fide Acquisition Proposal that the Board of Directors of Company determines in good faith, after consultation with its financial advisors, to be reasonably likely to result in a transaction that is more favorable to the Company Stockholders from a financial point of view than the transactions contemplated by this Agreement taking into account, among other factors, the payments that would be due under Section 7.3(a) and any delay and uncertainty in receipt of the consideration in the transaction. "Surviving Corporation" is defined in the Recitals. "Termination Fee" is defined in Section 7.3(a). A-6

Subsequent Determination. Section 6.5(d)

Subsequent Determination is defined in Section 5.4(c).