Delaware Law. As of the time immediately prior to the ------------ execution of this Agreement, neither Parent nor any of its subsidiaries was an "interested stockholder" as such term is defined in Section 203 of the DGCL.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (Shopko Stores Inc)
Delaware Law. As of the time immediately prior to the ------------ execution of this Agreement, neither Parent nor any of its subsidiaries Subsidiaries was an "interested stockholder" INTERESTED STOCKHOLDER", as such term is defined in Section 203 of the DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (JLG Industries Inc), Agreement and Plan of Merger (Gradall Industries Inc)
Delaware Law. As of the time immediately prior to the ------------ execution of this Agreement, neither Parent nor any of its subsidiaries was (i) an "interested stockholder" ", as such term is defined in Section 203 of the DGCLDelaware Law or (ii) an Acquiring Person under the Rights Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cheyenne Software Inc), Agreement and Plan of Merger (Cheyenne Software Inc)
Delaware Law. As of the time immediately prior to the ------------ execution of this Agreement, neither Neither Parent nor any of its subsidiaries was was, immediately prior to the execution of this Agreement, an "interested stockholder" as such term is defined in within the meaning of Section 203 of the DGCLGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fusion Systems Corp), Agreement and Plan of Merger (Eaton Corp)
Delaware Law. As of the time immediately prior to the ------------ execution of this Agreement, neither Neither Parent nor any of its subsidiaries was was, ------------ immediately prior to the execution of this Agreement, an "interested stockholder" as such term is defined in within the meaning of Section 203 of the DGCL.GCL. ARTICLE SIX COVENANTS
Appears in 1 contract
Delaware Law. As of the time immediately prior to the ------------ execution of this Agreement, neither Parent nor any of its subsidiaries was (i) an "interested stockholder" ", as such term is defined in Section 203 of the DGCL.Delaware Law or (ii) an Acquiring Person under the Rights Agreement. (f)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Computer Associates International Inc)
Delaware Law. As of the time immediately prior to the execution ------------ execution of this Agreement, neither Parent nor any of its subsidiaries was (i) an "interested stockholder" ", as such term is defined in Section 203 of the DGCLDelaware Law or (ii) an Acquiring Person under the Rights Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Platinum Technology International Inc)
