Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub and the Company.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Golden Enterprises Inc), Agreement and Plan of Merger (Metalico Inc), Agreement and Plan of Merger (Kindred Healthcare, Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective boards of directors (or in the case of the Company, acting only upon the recommendation of the Special Committee).
Appears in 10 contracts
Samples: Agreement and Plan of Merger (iClick Interactive Asia Group LTD), Plan of Merger (Ocean Imagination L.P.), Plan of Merger (Ctrip Investment Holding Ltd.)
Termination by Mutual Consent. This The Company and Parent shall have the right to terminate this Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after receipt of the Company) Company Shareholder Approval, by mutual written consent of Parent, Merger Sub and the Companyconsent.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Allete Inc), Agreement and Plan of Merger (Allete Inc), Agreement and Plan of Merger (El Paso Electric Co /Tx/)
Termination by Mutual Consent. This Agreement may be terminated terminated, and the transactions contemplated by this Agreement may be abandoned, at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub and the Company.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Luminex Corp), Agreement and Plan of Merger (Nanosphere Inc), Agreement and Plan of Merger (Nanosphere Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Sub, and the Company.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Apex Global Brands Inc.), Agreement and Plan of Merger (Apex Global Brands Inc.), Agreement and Plan of Merger (Corning Natural Gas Holding Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time Closing (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (INVO Bioscience, Inc.), Agreement and Plan of Merger (GameSquare Holdings, Inc.), Agreement and Plan of Merger (FaZe Holdings Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders shareholders of the Company) by mutual written consent of Parent, Merger Sub and the Company.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Silicon Laboratories Inc), Agreement and Plan of Merger (Sigma Designs Inc), Agreement and Plan of Merger (Diodes Inc /Del/)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after obtaining the stockholders of the Company) Requisite Company Vote, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (MAGNACHIP SEMICONDUCTOR Corp), Agreement and Plan of Merger (Inteliquent, Inc.), Agreement and Plan of Merger (Annie's, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement Closing by the stockholders mutual agreement, in writing, of each of the Company) by mutual written consent of Parent, Merger Sub and the Companyparties to this Agreement.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Biolargo, Inc.), Plan and Agreement of Share Exchange (Sitestar Corp), Assignment and Assumption Agreement (Iris International Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Sub, Second Merger Sub, and the Company.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Avalo Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Cerecor Inc.), Agreement and Plan of Merger and Reorganization (Aevi Genomic Medicine, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Advanced Power Technology Inc), Agreement and Plan of Merger (Datameg Corp), Agreement and Plan of Merger and Reorganization (Adaptec Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions abandoned at any time prior to before the Effective Offer Acceptance Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (CDK Global, Inc.), Agreement and Plan of Merger (Mitel Networks Corp), Agreement and Plan of Merger (ShoreTel Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective boards of directors (in the case of the Company, acting upon the unanimous recommendation of the Special Committee).
Appears in 5 contracts
Samples: Agreement and Plan of Merger (TDCX Inc.), Agreement and Plan of Merger (Kongzhong Corp), Agreement and Plan of Merger (Wang Benson Haibing)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective boards of directors (or in the case of the Company, acting upon the unanimous recommendation of the Special Committee).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Tang Liang), Agreement and Plan of Merger (Ossen Innovation Co. Ltd.), Agreement and Plan of Merger (Yao Jinbo)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement Closing Date, by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the CompanyHoldings.
Appears in 4 contracts
Samples: Purchase Agreement (Textron Inc), Purchase Agreement (Textron Inc), Purchase Agreement (Collins & Aikman Corp)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective boards of directors (or in the case of the Company, acting at the direction of the Special Committee).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (O2micro International LTD), Agreement and Plan of Merger (China Zenix Auto International LTD), Agreement and Plan of Merger (Tarena International, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) Time, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Nuveen Investments Inc), Agreement and Plan of Merger (Emageon Inc), Agreement and Plan of Merger (Health Systems Solutions Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company (but with respect to the Company, only pursuant to a resolution adopted by the Special Committee).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Stein Mart Inc), Agreement and Plan of Merger (Empire Resorts Inc), Agreement and Plan of Merger (Perry Ellis International, Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Subsidiary and the Company.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Nitro Petroleum Inc.), Agreement and Plan of Merger (Nitro Petroleum Inc.), Agreement and Plan of Merger (Core Resource Management, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany or Parent) by mutual written consent of the Company and Parent, Merger Sub and the Company.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Medytox Solutions, Inc.), Agreement and Plan of Merger (CollabRx, Inc.), Agreement and Plan of Merger (Amtech Systems Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Company Stockholder Approval) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CAI International, Inc.), Agreement and Plan of Merger (BioNTech SE), Agreement and Plan of Merger (Neon Therapeutics, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement Separation Date by the stockholders mutual consent of the Company) by mutual written consent of Parent, Merger Sub LLC and the CompanyCorporation.
Appears in 4 contracts
Samples: Separation Agreement (DreamWorks Animation SKG, Inc.), Separation Agreement (DreamWorks Animation SKG, Inc.), Separation Agreement (DreamWorks Animation SKG, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement Closing by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization, Agreement and Plan of Merger and Reorganization, Agreement and Plan of Merger and Reorganization
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective boards of directors (or in the case of the Company, acting upon the recommendation of the Special Committee).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Shanda Games LTD), Agreement and Plan of Merger (WuXi PharmaTech (Cayman) Inc.), Agreement and Plan of Merger (Shanda Games LTD)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Company Shareholder Approval) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Sub, and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sykes Enterprises Inc), Agreement and Plan of Merger (Vail Resorts Inc), Agreement and Plan of Merger (Peak Resorts Inc)
Termination by Mutual Consent. This Agreement may be terminated terminated, and the transactions contemplated by this Agreement may be abandoned, at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders shareholders of the Company) by mutual written consent of Parent, Merger Sub and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Charming Shoppes Inc), Agreement and Plan of Merger (Ascena Retail Group, Inc.), Agreement and Plan of Merger (Tasty Baking Co)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and US Holdco (on the one hand) and the CompanyCompany (on the other hand).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (PRA Health Sciences, Inc.), Agreement and Plan of Merger (Icon PLC), Agreement and Plan of Merger (Icon PLC)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Acquisition Sub and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Amalgamation, Agreement and Plan of Merger (Renaissancere Holdings LTD), Agreement and Plan of Merger (Platinum Underwriters Holdings LTD)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement Time, whether or not the Company Stockholder Approval has been obtained, by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bass America Inc), Agreement and Plan of Merger (BHR North America Inc), Agreement and Plan of Merger (Cendant Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders mutual written agreement of the Company) Company and Parent approved by mutual written consent action of Parent, Merger Sub and the Companytheir respective Boards of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lamar Advertising Co/New), Employment Agreement (Devon Energy Corp/De), Agreement and Plan of Merger (Ocean Energy Inc /Tx/)
Termination by Mutual Consent. This Agreement may be terminated terminated, whether before or after receipt of the Requisite Company Vote, at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Myers Industries Inc), Agreement and Plan of Merger (Northrop Grumman Corp /De/), Agreement and Plan of Merger (Essex Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (High Tide Inc.), Agreement and Plan of Merger (American Resources Corp), Agreement and Plan of Merger (American Resources Corp)
Termination by Mutual Consent. This Agreement may be terminated terminated, and the transactions contemplated by this Agreement may be abandoned, at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyTarget’s stockholders) by mutual written consent of Parent, Merger Sub and the CompanyTarget.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Clearlake Capital Partners Ii Lp), Agreement and Plan of Merger (Veramark Technologies Inc), Agreement and Plan of Merger (Veramark Technologies Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company) Stockholder Approval, by mutual written consent of Parent, Merger Sub and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Smtek International Inc), Agreement and Plan of Merger (CTS Corp), Agreement and Plan of Merger (Linens N Things Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) Time, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Reis, Inc.), Agreement and Plan of Merger (Boulder Brands, Inc.), Agreement and Plan of Merger (Pinnacle Foods Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of Company Stockholder Approval or the Company) Parent Stockholder Approval, by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany (with any termination by Parent also being an effective termination by Merger Sub).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alpha Natural Resources, Inc.), Agreement and Plan of Merger (Cleveland Cliffs Inc)
Termination by Mutual Consent. This Agreement may be terminated terminated, and the transactions contemplated by this Agreement may be abandoned, at any time prior to the Effective Time Offer Closing (notwithstanding any approval of this Agreement by the stockholders shareholders of the Company) by mutual written consent of Parent, Merger Sub and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (MGC DIAGNOSTICS Corp), Agreement and Plan of Merger (MGC Parent LLC)
Termination by Mutual Consent. This Agreement may be terminated and the Amalgamation and the other Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Amalgamation Sub and the Company with the approval of their respective boards of directors, notwithstanding approval of this Agreement by the shareholder(s) of all or any of Parent, Amalgamation Sub and/or the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Amalgamation, Agreement and Plan of Amalgamation (Global Sources LTD /Bermuda)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the First Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after obtaining the stockholders of the Company) Requisite Parent Vote, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ikonics Corp), Agreement and Plan of Merger (Ikonics Corp)
Termination by Mutual Consent. This The Company and Parent shall have the right to terminate this Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after receipt of the Company) Company Stockholder Approval, by mutual written consent of Parent, Merger Sub and the Companyconsent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (W R Grace & Co), Agreement and Plan of Merger (Joy Global Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany (acting through the Special Committee) with the approval of their boards of directors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Country Style Cooking Restaurant Chain Co., Ltd.), Agreement and Plan of Merger (Country Style Cooking Restaurant Chain Co., Ltd.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyTarget) by mutual written consent of Parent, Merger Sub Acquirer and the CompanyTarget.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vapor Corp.), Agreement and Plan of Merger (Vaporin, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company) Company Stockholder Approval, by mutual written consent of Parent, Merger Sub and the CompanyCompany (with any termination by Parent also being an effective termination by Merger Sub).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ico Inc), Agreement and Plan of Merger (Schulman a Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time Closing (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Shareholder Approval) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Sub, and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (OneWater Marine Inc.), Agreement and Plan of Merger (Ocean Bio Chem Inc)
Termination by Mutual Consent. This Agreement may be terminated and the transactions contemplated by this Agreement and the Arrangement may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after the approval of this Agreement the Arrangement by the stockholders Company Common Shareholders and holders of Company Options and Company RSUs or the approval of either of the Company) Parent Proposals by the Parent Common Stockholders, by mutual written consent of Parent, Merger Sub the Company and the CompanyParent by action of their respective Boards of Directors.
Appears in 2 contracts
Samples: Combination Agreement (Donnelley R R & Sons Co), Combination Agreement (Moore Wallace Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after obtaining the stockholders of the Company) Company Stockholder Approval, by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany duly authorized by each of their respective boards of directors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eastman Chemical Co), Agreement and Plan of Merger (Solutia Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub the Company and Parent by action of the Company Members (with respect to the Company) and the CompanyParent Board (with respect to the Parent).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Scott's Liquid Gold - Inc.), Agreement and Plan of Merger (Command Center, Inc.)
Termination by Mutual Consent. This Agreement may be terminated and the Transaction may be abandoned at any time prior to the Effective Time (notwithstanding any Time, whether before or after the adoption and approval of this Agreement by the stockholders of the Company) ’s Stockholders referred to in Section 6.1(a), by mutual written consent of Parent, Merger Sub the Company and Parent by action of their respective Boards. The date that a termination of this Agreement shall be effective is referred to as the Company“Termination Date”.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Washington Group International Inc), Agreement and Plan of Merger (Urs Corp /New/)
Termination by Mutual Consent. This The Company and Parent shall have the right to terminate this Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after receipt of the Company) Company Shareholder Approval or Parent Shareholder Approval, by mutual written consent of Parent, Merger Sub and the Companyconsent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Westar Energy Inc /Ks), Agreement and Plan of Merger (Kansas City Power & Light Co)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of Company Shareholder Approval or the Company) Parent Shareholder Approval, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (International Multifoods Corp), Agreement and Plan of Merger (Smucker J M Co)
Termination by Mutual Consent. This Agreement may be terminated and the Offer may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement acceptance by the stockholders Buyer of the Company) shares of Common Stock tendered in connection with the Offer by the mutual written consent of Parent, Merger Sub the Company and the CompanyBuyer.
Appears in 2 contracts
Samples: Tender Offer Agreement (First of Michigan Capital Corp), Tender Offer Agreement (FMCC Acquisition Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company) Company Stockholder Approval, by mutual written consent of Parent, Parent and the Company (with any termination by Parent also being an effective termination by Merger Sub and the CompanyMerger LLC).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Spartech Corp), Agreement and Plan of Merger (Polyone Corp)
Termination by Mutual Consent. This Agreement may be terminated and the Offer, the Merger and the other Transactions abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company) Company Stockholder Approval, if applicable, by mutual written consent of Parent, Merger Sub and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arch Coal Inc), Agreement and Plan of Merger (International Coal Group, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after delivery of the Company) Written Consent, by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany by action of their respective boards of directors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Earthlink Inc), Agreement and Plan of Merger (Itc Deltacom Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any Date, whether before or after the approval of this Agreement by the stockholders of the Company) Company Shareholders referred to in Section 7.01(b), by mutual written consent of Parent, Merger Sub the Company and the CompanyParent.
Appears in 2 contracts
Samples: Arrangement Agreement (Acorn Energy, Inc.), Arrangement Agreement (Acorn Energy, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent signed by each of ParentCWS, Merger Sub NewCo and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Connecticut Water Service Inc / Ct), Agreement and Plan of Merger (Connecticut Water Service Inc / Ct)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time Closing (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Merger Agreement (Chicken Soup for the Soul Entertainment, Inc.), Merger Agreement (Redbox Entertainment Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after receipt of the Company) Company Shareholder Approval, by mutual written consent of the Company and Parent, Merger Sub and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hawaiian Electric Co Inc), Agreement and Plan of Mergerby (Nextera Energy Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub the Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (ALKALINE WATER Co INC), Agreement and Plan of Merger
Termination by Mutual Consent. This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after the Company Stockholder Approval and without the joinder of this Agreement by the stockholders of the Company) Merger Sub, by mutual written consent of the Company and Parent, Merger Sub and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Microchip Technology Inc), Agreement and Plan of Merger (Atmel Corp)
Termination by Mutual Consent. This Agreement may be terminated and the Offer and the Merger may be abandoned at any time prior to the Effective Acceptance Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parentthe Company (by action of the Company Board), Merger Sub and the CompanyParent (by action of its Board of Directors).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Actelion US Holding CO), Agreement and Plan of Merger (Cotherix Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders receipt of the CompanyRequisite Company Vote) by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany (acting through the Special Committee) with the approval of their boards of directors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Qunar Cayman Islands Ltd.), Agreement and Plan of Merger (Airmedia Group Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time Closing (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Liquid Media Group Ltd.), Agreement and Plan of Merger (Liquid Media Group Ltd.)
Termination by Mutual Consent. This Agreement may be terminated and the Offer, Merger, and other transactions contemplated by this Agreement may be abandoned at any time prior to the Effective Acceptance Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub the Company and the CompanyParent by action of their respective boards of directors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Viking Systems Inc), Agreement and Plan of Merger (Conmed Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany by action of the Parent Board and the Company Board, respectively.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NRC Group Holdings Corp.), Agreement and Plan of Merger (Us Ecology, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parentthe Parties, Merger Sub and effective as of the Companydate of such mutual written consent unless otherwise provided in such written consent; provided, however, that this Agreement shall not terminate until the Company has delivered to the Purchaser the number of Shares required to be delivered hereunder in accordance with the terms hereof.
Appears in 2 contracts
Samples: Share Purchase Agreement (Med-X, Inc.), Share Purchase Agreement (Med-X, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the First Effective Time (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote or the Requisite Parent Vote) by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Panbela Therapeutics, Inc.), Agreement and Plan of Merger (Panbela Therapeutics, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the First Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Acquisition Agreement (Cell Therapeutics Inc), Agreement and Plan of Merger (Network Equipment Technologies Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after receipt of this Agreement the Parent Shareholder Approval and the Company Stockholder Approval, by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ensco PLC), Agreement and Plan of Merger (Pride International Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after the receipt of this Agreement the Xxxxx Stockholder Approval, by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Xxxxx and the CompanySchlumberger.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Schlumberger LTD /Nv/), Agreement and Plan of Merger (Smith International Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Offer and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Time, before or after the approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Buyer and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fidelio Acquisition Co LLC), Agreement and Plan of Merger (Intertrust Technologies Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company) Requisite Company Vote shall have been obtained, by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany (acting upon the recommendation of the Special Committee).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Steel Connect, Inc.), Agreement and Plan of Merger (Steel Partners Holdings L.P.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after obtaining the stockholders of the Company) Requisite Parent Vote, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vivakor, Inc.), Agreement and Plan of Merger (SilverSun Technologies, Inc.)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany with the approval of their respective boards of directors (in the case of the Company Board, upon the approval of the Special Committee).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (E-House (China) Holdings LTD), Agreement and Plan of Merger (Mindray Medical International LTD)
Termination by Mutual Consent. This Agreement may be terminated terminated, whether before or after receipt of the Requisite Company Vote, at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub MergerCo and the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Theragenics Corp), Agreement and Plan of Merger (Michas Alexis P)
Termination by Mutual Consent. This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Effective Time (notwithstanding any approval Time, whether before or after the Company Stockholder Approval or the Parent Shareholder Approval and without the joinder of this Agreement by the stockholders of the Company) Merger Sub, by mutual written consent of the Company and Parent, Merger Sub and the Company.
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time End Date (notwithstanding any approval whether before or after the receipt of this Agreement the Requisite Company Vote) by the stockholders of the Company) by mutual written consent of Joway, Parent, Merger Sub and the Company.
Appears in 1 contract
Samples: Merger Agreement (Joway Health Industries Group Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective director(s) (or in the case of the Company, acting upon the unanimous recommendation of the Special Committee).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Genetron Holdings LTD)
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub and the CompanyCompany (acting through the Special Committee) with the approval of their respective boards of directors.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Supernova Investment Inc.)
Termination by Mutual Consent. This Agreement may be ----------------------------- terminated at any time prior to the Company Effective Time (notwithstanding any Time, before or after the approval of this Agreement by the stockholders of the Company) , Baxxxxxxx xr, if applicable, Parent by the mutual written consent of Parent, Merger Sub and the Company, Baxxxxxxx xnd Parent.
Appears in 1 contract
Samples: Custodial Agreement (Petrolite Corp)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to before the Effective Time (notwithstanding any approval of this Agreement by the stockholders Time, whether before or after delivery of the Company) Written Consent, by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany upon action of their respective boards of directors.
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated by either the Company or Parent at any time prior to the Effective Time (notwithstanding any approval of this Agreement by whether before or after the stockholders receipt of the Company) by mutual written consent of Parent, Merger Sub and the CompanyRequired Stockholder Approval).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Biohaven Pharmaceutical Holding Co Ltd.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub and the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kindred Healthcare, Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Time, whether before or after the stockholders of the Company) Company Shareholder Approval, by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (National Processing Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of ParentBuyer, Merger Sub and the Company.
Appears in 1 contract
Termination by Mutual Consent. This Amended and Restated Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Date, before or after the approval of this Amended and Restated Agreement by the stockholders of the Company) , by the mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Value Health Inc / Ct)
Termination by Mutual Consent. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time (notwithstanding any Time, before or after the approval of this Agreement by the stockholders shareholders of Bancard, by the Company) by mutual written consent of Parent, Merger Sub PMT and the CompanyBancard.
Appears in 1 contract
Samples: Agreement and Plan of Merger (PMT Services Inc /Tn/)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent (solely by action of the Special Committee) and the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Weight Watchers International Inc)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders shareholders of the Company) by mutual written consent Consent of ParentDiodes, Merger Sub and the Company.
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the CompanyCompany (through action by, or with the approval of, the Special Committee).
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (Closing by mutual written consent of Parent and the Company, notwithstanding any approval of this Agreement by the stockholders of either the Company) by mutual written consent of Company or Parent, Merger Sub and the Company.
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) time, by mutual written consent of Parent, Merger Sub and the CompanyCompany or Buyer by action of their respective boards of directors.
Appears in 1 contract
Samples: Addendum Agreement (Oncor Electric Delivery Co LLC)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Offer Acceptance Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ultragenyx Pharmaceutical Inc.)
Termination by Mutual Consent. This Agreement may be terminated and may be abandoned at any time prior to the Effective Time (notwithstanding any Time, before or after the approval of this Agreement by the stockholders shareholders of the Company) Corporation, by the mutual written consent of ParentAcquiror, Merger Sub and the CompanyCorporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Physicians Resource Group Inc)
Termination by Mutual Consent. This Agreement may be terminated and the Arrangement may be abandoned at any time prior to the Effective Time (notwithstanding any Closing, whether before or after the approval of this Agreement the Arrangement Resolution by the stockholders of the Company) Shareholders, by mutual written consent of Parent, Merger Sub the Company and the CompanyParent by action of their respective boards of directors.
Appears in 1 contract
Samples: Arrangement Agreement (Thomas Weisel Partners Group, Inc.)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement Closing by the stockholders written consent of the Company) by mutual written consent of Parent, Merger Sub Subsidiary and the CompanyParent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Wizzard Software Corp /Co)
Termination by Mutual Consent. This Agreement may be terminated at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the CompanyCompany Stockholders) by mutual written consent signed by each of Parent, Merger Sub Aquarion MergerCo and the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by Date, whether before or after the stockholders of approvals at the Company) Company Meeting or Parent Stockholders Meeting referred to in Section 6.10 or Section 2.05 respectively, by mutual written consent of the Company and Parent, Merger Sub and the Company.
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their respective boards of directors (in the case of the Company, acting only upon the recommendation of the Special Committee).
Appears in 1 contract
Termination by Mutual Consent. This Agreement may be terminated and the Transactions may be abandoned at any time prior to the Effective Time (notwithstanding any approval of this Agreement by the stockholders of the Company) Date by mutual written consent of Parent, Merger Sub Parent and the Company with the approval of their boards of directors (or, in the case of the Company, upon the recommendation of the Special Committee).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Stealth BioTherapeutics Corp)
