Examples of Acquiror in a sentence
Promptly following the receipt of the Company Stockholder Approval, the Company shall notify all Holders (if any) entitled to receive notice under Section 262 of the DGCL that appraisal rights are available with respect to their applicable Common Shares; provided, however, that the Company shall provide Acquiror with a reasonable opportunity to comment on such notice (or form thereof) prior to dissemination, and the Company shall consider in good faith any such comments Acquiror so proposes.
As used herein, the phrase “to the knowledge” of any Person shall mean the actual knowledge, following reasonable inquiry, of, (a) in the case of the Company, the individuals identified on Schedule 1.3(a), and (b) in the case of the Acquiror or Merger Sub, the individuals identified on Schedule 1.3(b).
Acquiror shall draft all documentation related to any tender offer, exchange offer and/or consent solicitation and shall provide advanced review and consultation to the Company and give reasonable and good faith consideration to reflecting any comments raised by the Company and its counsel.
Any failure of Acquiror or Merger Sub to consummate the Closing when required pursuant to Section 2.3 shall be an intentional and willful breach of this Agreement.
Any dealer manager, information agent, depositary or other agent retained in connection with any tender offers, exchange offers or consent solicitations or change of control offers, as the case may be, for the Company Notes will be selected by Acquiror and be reasonably acceptable to the Company and the fees and expenses of such agents will be paid directly by Acquiror.