Board Approval of Merger. Notwithstanding anything to the contrary herein, in the Agreement or in the Definitions, if on any day occurring after the Trade Date the board of directors of Party B votes to approve any action that, if consummated, would constitute a Merger Event, then Party A shall have the right to designate any Scheduled Trading Day to be a Settlement Date for the entire Transaction on at least three Scheduled Trading Day’s notice. Party B shall notify Party A of any such vote within one Scheduled Trading Day.
Appears in 6 contracts
Samples: Letter Agreement (American Capital Strategies LTD), Letter Agreement (American Capital Strategies LTD), American Capital Strategies LTD
Board Approval of Merger. Notwithstanding anything to the contrary herein, in the Agreement or in the Definitions, if on any day occurring after the Trade Date the board of directors of Party B votes to approve any action that, if consummated, would constitute a Merger Event, then Party A shall have the right to designate any Scheduled Trading Day to be a Settlement Date for the entire Transaction on at least three Scheduled Trading Day’s Days’ notice. Party B shall notify Party A of any such vote within one Scheduled Trading Day.
Appears in 5 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital, LTD), Letter Agreement (American Capital Strategies LTD)
Board Approval of Merger. Notwithstanding anything to the contrary herein, in the Agreement or in the Definitions, if on any day occurring after the Trade Date the board of directors of Party B votes to approve any action that, if consummated, would constitute a Merger Event, then Party A shall have the right to designate any Scheduled Trading Day to be a Settlement Date for the entire Transaction on at least three Scheduled Trading Day’s Days' notice. Party B shall notify Party A of any such vote within one Scheduled Trading Day.
Appears in 3 contracts
Samples: Letter Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), American Capital Strategies LTD
Board Approval of Merger. Notwithstanding anything to the contrary herein, in the Agreement or in the Definitionsany other provision hereof, if on any day occurring after the Trade Date the board of directors of Party B votes to approve any action that, if consummated, would constitute a Merger EventEvent (as defined in the 2002 Definitions), then Party A shall have the right to designate any Scheduled Trading Day to be a Settlement Date for the entire Transaction on at least three Scheduled Trading Day’s notice. Party B shall notify Party A of any such vote within one Scheduled Trading Day.; or
Appears in 2 contracts
Samples: Letter Agreement (Southern Union Co), Southern Union Co
Board Approval of Merger. Notwithstanding anything to the contrary herein, in the Agreement or in the Definitionsany other provision hereof, if on any day occurring after the Trade Date the board of directors of Party B votes to approve any action that, if consummated, would constitute a Merger EventEvent (as defined in the Equity Definitions), then Party B shall notify Party A of any such vote within one Scheduled Trading Day. Thereafter, Party A shall have the right to designate any Scheduled Trading Day to be a Settlement Date for the entire Transaction on at least three Scheduled Trading Day’s Days’ notice. Party B shall notify Party A of any such vote within one Scheduled Trading Day.; or
Appears in 2 contracts
Samples: Letter Agreement (E Trade Financial Corp), Letter Agreement (E Trade Financial Corp)
