Certain Requirements in Respect of Combination, etc. Acquiror shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless, but may do so if:
Appears in 5 contracts
Samples: Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp)
Certain Requirements in Respect of Combination, etc. Acquiror shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unlesstherefrom, but may do so if:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Surge Global Energy, Inc.), Voting and Exchange Trust Agreement (Surge Global Energy, Inc.), Acquisition Agreement (Nabors Industries Inc)
Certain Requirements in Respect of Combination, etc. Acquiror Merge shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwiseother-wise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person Person or, in the case of a merger, of the continuing corporation resulting therefrom unless, but may do so if:
Appears in 1 contract
Samples: Support Agreement Memorandum of Agreement (Merge Technologies Inc)
Certain Requirements in Respect of Combination, etc. Acquiror shall Rational will not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom from the merger unless, but may do so if:
Appears in 1 contract
Samples: Agreement (Rational Software Corp)
Certain Requirements in Respect of Combination, etc. Acquiror Merge shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom therefrom, unless, but may do so if:
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement Memorandum of Agreement (Merge Technologies Inc)
Certain Requirements in Respect of Combination, etc. Acquiror Acquirer shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unlesstherefrom, but may do so if:
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Canwest Petroleum Corp)
Certain Requirements in Respect of Combination, etc. Acquiror Applied shall not consummate enter into any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom therefrom, unless, but may do so if:
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Applied Cellular Technology Inc)
