Common use of Further Action Clause in Contracts

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 57 contracts

Sources: Merger Agreement (Innovation Beverage Group LTD), Merger Agreement (M2i Global, Inc.), Merger Agreement (Volato Group, Inc.)

Further Action. If, at any time after the First Effective Time, any further action is determined by the Surviving Corporation Entity to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Entity with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation Entity shall be fully authorized, and shall use their and its commercially reasonable best efforts (in the name of the Company, in the name of Merger SubSubs, in the name of the Surviving Corporation Entity and otherwise) to take such action.

Appears in 13 contracts

Sources: Agreement and Plan of Merger (NanoVibronix, Inc.), Merger Agreement (Traws Pharma, Inc.), Merger Agreement (BiomX Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 5 contracts

Sources: Merger Agreement (Second Sight Medical Products Inc), Merger Agreement (Skinvisible Inc), Merger Agreement (Synta Pharmaceuticals Corp)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation Company to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Company with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation Company shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 3 contracts

Sources: Merger Agreement (SciSparc Ltd.), Merger Agreement (Anchiano Therapeutics Ltd.), Merger Agreement (Anchiano Therapeutics Ltd.)

Further Action. If, at any time after the First Effective Time, any further action is determined by the Surviving Corporation Company to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Company with full right, title and possession of and to all rights and property of the Company, then the officers and directors manager of the Surviving Corporation Company shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger SubSubs, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 3 contracts

Sources: Merger Agreement (TRxADE HEALTH, INC), Merger Agreement (First Wave BioPharma, Inc.), Merger Agreement (Unum Therapeutics Inc.)

Further Action. If, at any time after the Effective Time, any further action is reasonably determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of Merger Sub and the Company, then the officers and directors of the Surviving Corporation and Parent shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 3 contracts

Sources: Merger Agreement (BIG 5 SPORTING GOODS Corp), Merger Agreement (OptiNose, Inc.), Merger Agreement (Alcon Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement Agreement, the Transaction Documents, the Contemplated Transactions or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Fresh Vine Wine, Inc.), Merger Agreement (Fresh Vine Wine, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyBuyer, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyBuyer, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Organovo Holdings, Inc.), Merger Agreement (Lpath, Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Emmaus Life Sciences, Inc.), Merger Agreement (MYnd Analytics, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights rights, powers, privileges and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Sunesis Pharmaceuticals Inc), Merger Agreement (Conatus Pharmaceuticals Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Ethos Environmental, Inc.), Merger Agreement (Replidyne Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation Company to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Company with full right, title and possession of and to all rights and property of the Company, then the officers and directors managers of the Surviving Corporation Company shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Flex Pharma, Inc.), Merger Agreement

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyMerger Partner, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Partner and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Avatech Solutions Inc), Agreement and Plan of Merger and Reorganization (Discovery Partners International Inc)

Further Action. If, at any time after the Effective TimeClosing Date, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of transactions contemplated by this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and Company or otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (theMaven, Inc.), Merger Agreement (theMaven, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement Agreement, the Transaction Documents, the Contemplated Transactions or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable best efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (TRxADE HEALTH, INC), Merger Agreement (TRxADE HEALTH, INC)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 2 contracts

Sources: Business Combination Agreement (KBL Merger Corp. Iv), Merger Agreement (OvaScience, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyQ32, then the officers and directors manager of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyQ32, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 2 contracts

Sources: Merger Agreement (Homology Medicines, Inc.), Merger Agreement (Homology Medicines, Inc.)

Further Action. If, at any time after the Merger Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyClywedog, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyClywedog, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Barinthus Biotherapeutics Plc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Zalicus Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Yumanity Therapeutics, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyQuoin, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyQuoin, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Cellect Biotechnology Ltd.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or and to vest the Surviving Corporation with full right, title and interest in, to and under, and/or possession of of, all assets, property, rights, privileges, powers and to all rights and property franchises of the Company, then the officers and directors of the Surviving Corporation shall be are fully authorized, and shall use their and its commercially reasonable efforts (authorized in the name and on behalf of the CompanyCompany or otherwise, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take all lawful action necessary or desirable to accomplish such actionpurpose or acts, so long as such action is not inconsistent with this Agreement.

Appears in 1 contract

Sources: Merger Agreement (Tegal Corp /De/)

Further Action. If, at any time after the Effective TimeClosing Date, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement transactions contemplated by the Transaction Documents or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and Company or otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Pasw Inc)

Further Action. If, at any time after the Effective Time, the Surviving Corporation shall consider or be advised that any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest vest, perfect or confirm the Surviving Corporation with full right, title title, interest in and possession of and to all rights rights, privileges, powers, franchises, assets and property of Merger Sub and the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwiseits directors and officers (including Board members, as applicable) to shall take such action, so long as such action is not inconsistent with this Agreement.

Appears in 1 contract

Sources: Merger Agreement (Reddy Ice Holdings Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, Company or in the name of the Surviving Corporation and otherwise) to take such actionaction at the cost and expense of the Parent or Surviving Corporation.

Appears in 1 contract

Sources: Merger Agreement (Kidpik Corp.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation or the Acquiror to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation or the Acquiror shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of the Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Poniard Pharmaceuticals, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and or otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Caladrius Biosciences, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable best efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Aquinox Pharmaceuticals, Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyVIA, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyVIA, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Corautus Genetics Inc)

Further Action. If, at any time after the First Effective Time, any further action is determined by the Surviving Corporation Company to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Company with full right, title title, and possession of and to all rights and property of the Company, then the officers and directors manager of the Surviving Corporation Company shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger SubSubs, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Ikena Oncology, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyCompany and Subco, then the officers and directors of each of the Surviving Corporation and Parent shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Subco and otherwise) to take any and all such action.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Auris Medical Holding Ltd.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation Company to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Company with full right, title and possession of and to all rights and property of the CompanyPrivateer, then the officers and directors managers of the Surviving Corporation Company shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyPrivateer, in the name of Merger Sub, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Tilray, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of each of the Surviving Corporation and Parent shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Agreement and Plan of Merger and Reorganization (Inotek Pharmaceuticals Corp)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyMerger Partner, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyMerger Partner, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Novacea Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of each of the Surviving Corporation and Castle shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Cempra, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyGOURMET, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation GOURMET and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Gourmet Station Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation Company to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation Company with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation Company shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger SubSub 1, in the name of Merger Sub 2, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Handa Lab Co., Ltd.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyInnovate, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyInnovate, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Monster Digital, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Seachange International Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyCompany and Merger Sub, then the officers and directors of each of the Surviving Corporation and CGI shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take any and all such action.

Appears in 1 contract

Sources: Merger Agreement (Cancer Genetics, Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts 10 Exhibit 2.1 (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement

Further Action. If, at any time after the Effective Time, any further action is determined by Parent or the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full righttitle, title right and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Spectrx Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyMarker, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the CompanyMarker, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Tapimmune Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the CompanyLifelong, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Lifelong and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Lifelong Com Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts (in the name of the Company, in the name of Proteon Merger Sub, in the name of the Surviving Corporation and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Proteon Therapeutics Inc)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable best efforts (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Sub and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Proteostasis Therapeutics, Inc.)

Further Action. If, at any time after the Effective Time, any further action is determined by the Surviving Corporation Acquiror to be necessary or desirable to carry out the purposes of this Agreement or to vest the Surviving Corporation with full right, title and possession of and to all rights and property of the Company, then the officers and directors of the Surviving Corporation shall be fully authorized, and shall use their and its commercially reasonable efforts authorized (in the name of the Company, in the name of Merger Sub, in the name of the Surviving Corporation Company and otherwise) to take such action.

Appears in 1 contract

Sources: Merger Agreement (Rf Micro Devices Inc)