Common use of Absence of Certain Agreements Clause in Contracts

Absence of Certain Agreements. Neither Parent nor any of its Affiliates has entered into any Contract, or authorized, committed or agreed to enter into any Contract, pursuant to which: (a) any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) any stockholder of the Company (i) agrees to vote to adopt this Agreement or the Merger or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, any Acquisition Proposal or (c) any third party has agreed to provide, directly or indirectly, equity capital to Parent or the Company to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Parent nor any of its Affiliates has entered into any Contract, arrangement or understanding (in each case, whether oral or written), or authorized, committed or agreed to enter into any Contract, arrangement or understanding (in each case, whether oral or written), pursuant to which: (a) any stockholder shareholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) any stockholder shareholder of the Company (i) agrees to vote to adopt this Agreement or the Merger or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, any Acquisition Proposal or (c) any third party has agreed to provide, directly or indirectly, equity capital to Parent or the Company to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Parent nor any of its Affiliates has entered into any Contractcontract, agreement, arrangement or understanding, or authorized, committed or agreed to enter into any Contractcontract, agreement, arrangement or understanding, pursuant to which: (a) any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) Consideration or pursuant to which any stockholder of the Company (i) agrees to vote to adopt this Agreement or the Merger or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, against any Acquisition Superior Proposal or (cb) any third party has agreed to provideprovide equity capital, directly or indirectly, equity capital to Parent or the Company Merger Sub to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Other than the Voting Agreement, Parent nor any of its Affiliates has not entered into any Contractcontract, agreement, arrangement or understanding, or authorized, committed or agreed to enter into any Contract, arrangement or understanding, pursuant to which: (a) any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) Consideration or pursuant to which any stockholder of the Company (i) agrees to vote to adopt this Agreement or the Merger Merger, or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, against any Acquisition Proposal Superior Proposal; or (cb) any third party has agreed to provideprovide equity capital, directly or indirectly, equity capital to Parent or the Company Merger Sub to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Other than the Support Agreements, Parent nor any of its Affiliates has not entered into any Contractcontract, agreement, arrangement or understanding, or authorized, committed or agreed to enter into any Contract, arrangement or understanding, pursuant to which: (a) any stockholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) Consideration or pursuant to which any stockholder of the Company (i) agrees to vote to adopt this Agreement or the Merger or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, against any Acquisition Superior Proposal or (cb) any third party has agreed to provideprovide equity capital, directly or indirectly, equity capital to Parent or the Company Merger Sub to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Except the Voting Agreements, neither Parent nor any of its Affiliates has entered into any Contractcontract, agreement, arrangement or understanding, or authorized, committed or agreed to enter into any Contractcontract, agreement, arrangement or understanding, pursuant to which: (a) which any stockholder shareholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) Consideration or pursuant to which any stockholder shareholder of the Company (ia) agrees to vote to adopt this Agreement or the Merger or (iib) agrees to vote against, or not to tender its shares of Company Common Stock in, against any Acquisition Superior Proposal or (c) any third party as of the date hereof, has agreed to provideprovide equity capital, directly or indirectly, equity capital to Parent or the Company Merger Sub to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Except for the Voting Agreements, neither Parent nor any of its Affiliates has entered into any Contractcontract, agreement, arrangement or understanding, or authorized, committed or agreed to enter into any Contractcontract, agreement, arrangement or understanding, pursuant to which: which (a) any stockholder shareholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) Consideration or pursuant to which any stockholder shareholder of the Company (i) agrees to vote to adopt this Agreement or the Merger or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, against any Acquisition Superior Proposal or (cb) any third party has agreed to provideprovide equity capital (other than pursuant to the Equity Commitment Letter), directly or indirectly, equity capital to Parent or the Company Merger Sub to finance in whole or in part the Merger.

Absence of Certain Agreements. Neither Parent nor any of its Affiliates has entered into any Contract, or authorized, committed or agreed to enter into any Contract, pursuant to which: (a) any stockholder shareholder of the Company would be entitled to receive consideration of a different amount or nature than the Merger Consideration, (b) any stockholder shareholder of the Company (i) agrees to vote to adopt approve this Agreement or the Merger or (ii) agrees to vote against, or not to tender its shares of Company Common Stock in, any Acquisition Proposal or (c) any third party has agreed to provide, directly or indirectly, equity capital to Parent or the Company to finance in whole or in part the Merger.