Lowenstein Sandler, Blow Provisions: A Threat to Appraisal?

Section 6.2 Conditions to Obligations of Parent and Merger Sub. The respective obligations of Parent, Merger LLC and Merger Sub to effect the Merger are further subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any and all of which may be waived, in whole or in part, by Parent: … (e) Appraisal Rights. No more than 20% of the outstanding Company Common Stock as of the Closing shall be Appraisal Shares.