The Merger Agreement between IBM and Red Hat, dated October 28, 2018, does not specify a contractual obligation for IBM to maintain Red Hat’s corporate structure intact for a particular duration post-acquisition. Upon the merger’s completion on July 9, 2019, Red Hat became a wholly owned subsidiary of IBM. While IBM initially emphasized its commitment to preserving Red Hat’s independence and neutrality, there was no legally binding stipulation enforcing this arrangement for a set period. Consequently, IBM retained the discretion to integrate or restructure Red Hat’s operations as it deemed appropriate following the acquisition.
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