Merger Agreement Form

(۴) The exchange ___________ privileged ABC series $______; and (ii) (only upon election to XYZ`s Board of Directors) listing the ABC Preferred Shares of Series $___ into which the XYZ Shares will be converted on the day of the Merger; or (d) if the merger date did not occur by ________p.m. ________Date] may be postponed to a date on or after _________Date] at the option of ABC`s Board of Directors. If the date of the merger did not take place before _________date.m__ 5. The measures necessary for the completion of the merger by one of the entities concerned shall, on a permanent or temporary basis, be requested by a competent court; or, in the event of interruption of the merger in accordance with the above provisions, this Agreement shall become null and void and have no effect without any of the constituent companies, its shareholders or its directors or senior officers being held liable for such merger, with the exception of the obligation for any constituting company to pay its own expenses in accordance with this Article XI. The authorized share capital of XYZ consists of (a) ______ Section _________ of the Act, the resulting company holds, after the filing and registration of the merger agreement between XYZ and the resulting company, all powers and property previously held by XYZ. . . .

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