Common use of By Company Clause in Contracts

By Company. In addition to the foregoing, Company shall (i) provide Parent with at least forty-eight (48) hours' prior notice (or such lesser prior notice as provided to the members of the Board of Directors of Company but in no event less than eight (8) hours) of any meeting of the Board of Directors of Company at which the Board of Directors of Company is reasonably expected to consider a Company Superior Offer, and (ii) provide Parent with at least forty-eight (48) hours' prior written notice of a meeting of the Board of Directors of Company at which the Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Maxtor Corp), Amended and Restated Agreement and Plan of Merger and Reorganization (Quantum Corp /De/), Agreement and Plan of Merger (Maxtor Corp)

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By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least forty-eight (48) hours' 24 hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight four (8) 4) hours) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least two (2) business days or forty-eight (48) hours' hours prior written notice of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 3 contracts

Samples: Agreement and Plan (Lsi Logic Corp), Agreement and Plan (Lsi Logic Corp), Agreement and Plan (Seeq Technology Inc)

By Company. In addition to the foregoing, Company shall (i) provide Parent with at least forty-eight (48) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hours) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least forty-eight five (485) hours' business days prior written notice of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders shareholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 2 contracts

Samples: Voting Agreement (Peregrine Systems Inc), Acquisition Agreement (Peregrine Systems Inc)

By Company. In addition to the foregoing, Company shall (i) provide Parent with at least forty-eight (48) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hours) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least forty-eight five (485) hours' business days prior written notice (or such lesser prior notice as provided to the members of Company's Board of Directors but in no event less than 24 hours) of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offerstockholders.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Informix Corp)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least forty-eight (48) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hours) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least forty-eight five (485) hours' business days prior written notice of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Forte Software Inc \De\)

By Company. In addition to the foregoing, the Company shall (i) provide Parent with at least fortytwenty-eight four (4824) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hours) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least forty-eight one (481) hours' business day prior written notice of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Appnet Inc /De/)

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By Company. In addition to the foregoing, Company shall (i) provide Parent with at least forty-forty- eight (48) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hoursDirectors) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least forty-eight three (483) hours' business days prior written notice (or such lesser prior notice as provided to the members of Company's Board of Directors) of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Microchip Technology Inc)

By Company. In addition to the foregoing, Company shall (i) provide Parent with at least fortytwenty-eight four (4824) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hours) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, and (ii) provide Parent with at least forty-eight five (485) hours' business days prior written notice of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders shareholders and together with such notice a copy of the definitive documentation relating to such Superior Offer and (iii) provide Parent with reasonable notice of the material terms of the Superior Offer and reasonable opportunity to make a counter-offer prior to any commitment by Company with respect to the Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Isocor)

By Company. In addition to the foregoing, Company shall (i) provide Parent with at least forty-eight (48) hours' hours prior notice (or such lesser prior notice as provided to the members of the Company's Board of Directors of Company but in no event less than eight (8) hoursDirectors) of any meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to consider a Company Superior Offer, Offer and (ii) provide Parent with at least forty-eight three (483) hours' business days prior written notice (or such lesser prior notice as provided to the members of Company's Board of Directors) of a meeting of the Company's Board of Directors of Company at which the Company's Board of Directors of Company is reasonably expected to recommend a Company Superior Offer to its stockholders and together with such notice a copy of the definitive documentation relating to such Company Superior Offer.

Appears in 1 contract

Samples: Agreement and Plan (Telcom Semiconductor Inc)

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