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Executive Bylaws - CMA

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Executive Bylaws

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  • February 17
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2-8 A Person with an Effective Control Of Module Nine: Mergers and Acquisitions
Section: Chapter Two: Mergers
  • Sunday, 05 February 2017

    n the event that a Merger involving a party with Effective Control of either the Merging or Merged Companies or both before the execution of the Merger, the Draft Merger Contract shall include the additional following information: 1. Name of persons with Effective Control and names of any Subsidiary or persons with whom they are Acting in Concert with it. 2. Statement of the current ownership of each party with Effective Control in each party of the Merger, including any shares owned or controlled, or any Subsidiary or persons with whom they are Acting in Concert with, or where a person with Effective Control or any Subsidiary or persons with whom they are Acting in Concert with has the option of buying thereof. 3. A statement of whether a person with Effective Control holds a position of employment or serves as a Member of a Board of Directors at any of the companies involved in the Merger. 4. The opinion of the Members of a Board of Directors regarding the Merger and whether it is fair and reasonable for the rest of shareholders other than the party with Effective Control, and a statement that the Members of a Board of Directors have developed this position without any role by a Person with Effective Control. 5. Any reservations made by Members of a Board of Directors regarding the Merger, if any.

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