The Virginia Plan is a historically significant document that outlines an initial proposal for the structure and function of the United States government. It was drafted by James Madison and presented at the Constitutional Convention in 1787. The plan called for a strong central government with a bicameral legislature, in which representation would be based on a state's population or financial contributions. It also advocated for a system of checks and balances and the separation of powers between the executive, legislative, and judicial branches. In a more modern context, the Virginia Plan also refers to an approach put forth by the Wheeling Pittsburgh Corporation, WHO Corporation, and WP Merger Co. It is an agreement of merger that outlines the terms and conditions under which these companies plan to combine their operations and assets. This type of Virginia Plan and Agreement of Merger is specific to these particular corporations and their merger, and should not be confused with the historic governmental plan described above. The merger agreement between Wheeling Pittsburgh Corporation, WHO Corporation, and WP Merger Co. details various aspects of the consolidation process, including the allocation of shares, management structure, proposed timelines, financial considerations, and post-merger strategies. This agreement aims to provide a clear roadmap for the integration of resources, personnel, and operations of the three entities involved. Additionally, it's worth noting that while the Virginia Plan and Agreement of Merger mentioned above are specifically associated with the Wheeling Pittsburgh Corporation, WHO Corporation, and WP Merger Co., other companies and entities might have their own unique versions of merger agreements that are referred to as "Virginia Plan" or "Agreement of Merger." These documents would be tailored to the specific circumstances and requirements of those entities.
Virginia Plan and Agreement of Merger by Wheeling Pittsburgh Corp, WHX Corp, and WP Merger Co.
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Merger: A contractual and statutory process by which one corporation (the surviving corporation) acquires all of the assets and liabilities of another corporation (the merged corporation), causing the merged corporation to become defunct.
When a transaction closes, the new company will simply take over performance as the successor-in-interest to the old company. The merger agreement will already assign the rights and obligations under existing contracts to the buyer without a new, specific process for each existing agreement.
?parties? means Parent, Merger Sub and the Company.
Merger Parties means, individually and collectively, the Company, the Shareholders, Merger Sub and Buyer.
An agreement setting out steps of a merger of two or more entities including the terms and conditions of the merger, parties, the consideration, conversion of equity, and information about the surviving entity (such as its governing documents).
After that, I'll also very briefly introduce you to several other common mergers and acquisitions (M&A) transaction documents, including: Confidentiality Agreements. Letters of Intent. Exclusivity Agreements. Disclosure Schedules. HSR Filings. Third Party Consents. Legal Opinions. Stock Certificates.
Parts of merger and acquisition contracts ?Parties and recitals. ?Price, currencies, and structure. ?Representations and warranties. ?Covenants. ?Conditions. ?Termination provisions. ?Indemnification. ?Tax.
The Company and each of its subsidiaries is duly organized, validly existing and in good standing (with respect to jurisdictions that recognize the concept of good standing) under the laws of the jurisdiction of its organization and has all requisite corporate or similar power and authority to own, lease and operate ...
There are two basic merger structures: direct and indirect. In a direct merger, the target company and the buying company directly merge with each other. In an indirect merger, the target company will merge with a subsidiary company of the buyer.