Common use of Actions of the Stockholders Representative Clause in Contracts

Actions of the Stockholders Representative. A decision, act, consent or instruction of the Stockholders’ Representative shall constitute a decision of all Indemnifying Stockholders with respect to the matters set forth herein and shall be final, binding and conclusive upon each such Indemnifying Stockholder, and Purchaser may rely upon any decision, act, consent or instruction of the Stockholders’ Representative as being the decision, act, consent or instruction of each and every such Indemnifying Stockholder. The Purchaser is hereby relieved from any liability to any Person for any acts done by them in accordance with such decision, act, consent or instruction of the Stockholders’ Representative.

Appears in 2 contracts

Samples: Merger Agreement (Agrify Corp), Merger Agreement (Agrify Corp)

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Actions of the Stockholders Representative. A decision, act, consent or instruction of the Stockholders’ Representative (acting in its capacity as the Stockholders’ Representative) shall constitute a decision of all Indemnifying the Stockholders with respect to the matters set forth herein and Common Optionholders and shall be final, binding and conclusive upon each of such Indemnifying StockholderStockholders and Common Optionholders, and Purchaser Parent may rely upon any such decision, act, consent or instruction of the Stockholders’ Representative as being the decision, act, consent or instruction of each such Stockholder and every such Indemnifying StockholderCommon Optionholder. The Purchaser is Parent, Merger Sub and the Surviving Corporation are hereby relieved from any liability to any Person person for any acts done by them Parent, Merger Sub or the Surviving Corporation in accordance with such decision, act, consent or instruction of the Stockholders’ Representative.

Appears in 1 contract

Samples: Merger Agreement (Epicor Software Corp)

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Actions of the Stockholders Representative. A decision, act, consent or instruction of the Stockholders' Representative (acting in its capacity as the Stockholders' Representative) shall constitute a decision of all Indemnifying the Stockholders with respect to the matters set forth herein and Common Optionholders and shall be final, binding and conclusive upon each of such Indemnifying StockholderStockholders and Common Optionholders, and Purchaser Parent may rely upon any such decision, act, consent or instruction of the Stockholders' Representative as being the decision, act, consent or instruction of each such Stockholder and every such Indemnifying StockholderCommon Optionholder. The Purchaser is Parent, Merger Sub and the Surviving Corporation are hereby relieved from any liability to any Person person for any acts done by them Parent, Merger Sub or the Surviving Corporation in accordance with such decision, act, consent or instruction of the Stockholders' Representative.

Appears in 1 contract

Samples: Merger Agreement (Activant Solutions Inc /De/)

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