Common use of Existing Discussions Clause in Contracts

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (At&t Inc.), Agreement and Plan of Merger (Bellsouth Corp)

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Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities Persons referred to in the first sentence hereof of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Goldman Sachs Group Inc), Agreement and Plan of Merger (McJunkin Red Man Holding Corp), Agreement and Plan of Merger (McJunkin Red Man Corp)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will (i) promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its SubsidiariesSubsidiaries and (ii) enforce and not waive the terms of any such confidentiality agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Bowne & Co Inc), Agreement and Plan of Merger (Genlyte Group Inc)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of Section 6.2 (a) of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Banta Corp), Agreement and Plan of Merger (Banta Corp)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of this Section 6.2(e) of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Reed Elsevier PLC), Agreement and Plan of Merger (Choicepoint Inc)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly request each any Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries or making an Acquisition Proposal to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Equifax Inc), Agreement and Plan of Merger (Talx Corp)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.23.4. The Company also agrees that it will promptly request each Person person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its the Subsidiaries to return or destroy all confidential information heretofore furnished to such Person person by or on behalf of it or any of its the Subsidiaries.

Appears in 2 contracts

Samples: Investment Agreement (Flagstar Bancorp Inc), Investment Agreement (Flagstar Bancorp Inc)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hanmi Financial Corp), Agreement and Plan of Merger (Hanmi Financial Corp)

Existing Discussions. The Company agrees that it will will: (i) immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will ; (ii) take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of this Section 7.2(e) of the obligations undertaken in this Section 6.2. The Company also agrees that it will 7.2; and (iii) promptly request each Person that has heretofore executed a confidentiality agreement in connection with its such Person’s consideration of acquiring it the Company or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it the Company or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (China GrenTech CORP LTD), Agreement and Plan of Merger (China GrenTech CORP LTD)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities parties referred to in the first sentence hereof of this Section 6.2(e) of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly request each Person that 6.2 and in the Confidentiality Agreement and, if any such party has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to making an Acquisition Proposal, request that such party return or destroy all confidential information heretofore furnished to such Person by or on behalf of it the Company or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hydril Co), Agreement and Plan of Merger (Maverick Tube Corp)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Alternative Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.3. The Company also agrees that it will (i) promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its the Company Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiariesthe Company Subsidiaries and (ii) enforce and not waive the terms of any such confidentiality agreement other than the “standstill” provisions of any such confidentiality agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Consolidated Graphics Inc /Tx/)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities Persons referred to in the first sentence hereof of this Section 4.02(f) of the obligations undertaken in this Section 6.24.02 and in the Confidentiality Agreement. The Company also agrees that it will promptly request of each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it the Company or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Transcanada Corp), Agreement and Plan of Merger (Columbia Pipeline Group, Inc.)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Medicis Pharmaceutical Corp), Agreement and Plan of Merger (Valeant Pharmaceuticals International, Inc.)

Existing Discussions. The Company agrees that it will will, and shall cause its Subsidiaries and Representatives to, immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (21st Century Insurance Group), Agreement and Plan of Merger (American International Group Inc)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will will, as soon as reasonably practicable, take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.25.2. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its SubsidiariesSubsidiaries and will diligently exercise all of its rights in respect thereof.

Appears in 1 contract

Samples: Arrangement Agreement (Thomas Weisel Partners Group, Inc.)

Existing Discussions. The Company agrees that it will will: (i) immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will ; (ii) take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of this Section 6.2(d) of the obligations undertaken in this Section 6.2. The Company also agrees that it will ; and (iii) promptly request each Person that has heretofore executed a confidentiality agreement on or after January 1, 2009, in connection with its such Person’s consideration of acquiring it the Company or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tongjitang Chinese Medicines Co)

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Existing Discussions. The Company agrees that it will will: (i) immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will Proposal as of the date hereof; (ii) take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of this Section 6.2(f) of the obligations undertaken in this Section 6.2. The Company also agrees that it will ; and (iii) promptly request each Person that has heretofore executed a confidentiality agreement in connection with its such Person’s consideration of acquiring it the Company or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Jinpan International LTD)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request in writing that each Person that has heretofore executed a confidentiality agreement after January 1, 2005 and prior to the date hereof in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lifeline Systems, Inc.)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition ProposalTransaction. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.25.8(c) and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 1 contract

Samples: Merger Agreement (SoftBrands, Inc.)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities Persons referred to in the first sentence hereof of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dobson Communications Corp)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement after January 1, 2001 and prior to the date hereof in connection with its consideration of acquiring it or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intermagnetics General Corp)

Existing Discussions. The Company agrees that it will will: (i) immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will ; (ii) take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of this Section 6.2(g) of the obligations undertaken in this Section 6.2. The Company also agrees that it will ; and (iii) promptly request each Person that has heretofore executed a confidentiality agreement in connection with its such Person’s consideration of acquiring it the Company or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Yucheng Technologies LTD)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of this Section 6.2(e) of the obligations undertaken in this Section 6.26.2 and in the Confidentiality Agreement. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement on or after January 1, 2007, in connection with its such Person’s consideration of acquiring it the Company or any of its Subsidiaries to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Anheuser-Busch Companies, Inc.)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any Persons parties conducted heretofore with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly after announcement of this Agreement inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly after announcement of this Agreement request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it or any of its Subsidiaries an existing Acquisition Proposal to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CSC Holdings LLC)

Existing Discussions. The Company agrees that it will immediately cease and cause to be terminated any existing activities, solicitations, discussions or negotiations with any Persons parties conducted heretofore by the Company, its Subsidiaries or any Representatives of the Company or its Subsidiaries with respect to any Acquisition Proposal. The Company agrees that it will take the necessary steps to promptly inform the individuals or entities referred to in the first sentence hereof of the obligations undertaken in this Section 6.2. The Company also agrees that it will promptly request each Person that has heretofore executed a confidentiality agreement in connection with its consideration of acquiring it the Company or any of its Subsidiaries Subsidiaries’ respective securities or assets, to return or destroy all confidential information heretofore furnished to such Person by or on behalf of it or any of its SubsidiariesSubsidiaries including promptly terminating all physical and electronic data room access previously granted to any such Persons.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Genworth Financial Inc)

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