Interested Shareholder. Prior to the Company Board approving this Agreement, the Merger, and the other transactions contemplated hereby for purposes of the applicable provisions of the MBCA, neither Parent nor Merger Sub, nor any affiliate of Parent or Merger Sub, alone or together with any other Person, was at any time during the past four years an “interested shareholder” of the Company or an “affiliate” or an “associate” of an “interested shareholder” of the Company (as each such term is defined under the MBCA).
Appears in 2 contracts
Sources: Merger Agreement (Trustco Holdings, Inc.), Merger Agreement (Health Fitness Corp /MN/)