General Provisions 72. Section 16.01. Access to Personnel Records. 72 Section 16.02. Outside Employment. 72 Section 16.03. Non-Discrimination. 72 Section 16.04. Safety and Health. 72
General Provisions 72. A. Evaluation Principles and Purpose-------------------------------------------- 72
General Provisions 72. Section 9.1. Non-Survival of Representations, Warranties, Covenants and Agreements 72 Section 9.2. Notices 72 Section 9.3. Fees and Expenses 73 Section 9.4. Severability 73 Section 9.5. Entire Agreement 74 Section 9.6. Specific Performance 74 Section 9.7. Governing Law; Jurisdiction; Waiver of Jury Trial 74 Section 9.8. No Third-Party Beneficiaries 75 Section 9.9. No Recourse to Lenders 76 Section 9.10. Assignment 76 Section 9.11. Obligations of Parent and of the Company 76 Section 9.12. Mutual Drafting 76 Section 9.13. Counterparts 76 Section 9.14. Delivery by Facsimile or E-mail 76 Exhibits Exhibit A – Knowledge of the Company Exhibit B – Knowledge of Parent AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of May 2, 2016, by and among Symmetry Surgical Holdings, Inc., a Delaware corporation (“Parent”), Symmetry Acquisition Corp, Inc., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and Symmetry Surgical Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company are referred to herein as a “Party” and together as “Parties.”
General Provisions 72. Section 9.1 Non-Survival of Representations, Warranties, Covenants and Agreements 72 Section 9.2 Modification or Amendment 72 Section 9.3 Waiver 72 Section 9.4 Notices 72 Section 9.5 Certain Definitions 74 Section 9.6 Severability 86 iv Section 9.7 Entire Agreement; Assignment 86 Section 9.8 Parties in Interest 87 Section 9.9 Governing Law 87 Section 9.10 Headings 87 Section 9.11 Counterparts 87 Section 9.12 Specific Performance 88 Section 9.13 Jurisdiction 89 Section 9.14 WAIVER OF JURY TRIAL 90 Section 9.15 Interpretation 90 Section 9.16 Special Committee Approval 91 Exhibits: Exhibit A Plan of Merger AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER, dated as of August 11, 2023 (this “Agreement”), is entered into by and among Chindata Group Holdings Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (the “Company”), BCPE Chivalry Bidco Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”), and BCPE Chivalry Merger Sub Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands and a wholly owned subsidiary of Parent (“Merger Sub” and, together with the Company and Parent, the “Parties” and each, a “Party”). All capitalized terms that are used in this Agreement have the respective meanings given to them in Section 9.5 or elsewhere in this Agreement.
General Provisions 72. Section 9.1 Non-Survival of Representations, Warranties and Covenants 72 Section 9.2 Notices 73 Section 9.3 Fees and Expenses 74 Section 9.4 Severability 74 Section 9.5 Entire Agreement 74 Section 9.6 Specific Performance 74
