Common use of Actions of the Stockholders Representative Clause in Contracts

Actions of the Stockholders Representative. Any notice or communication given or received by, and any decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of, the Stockholders’ Representative that is within the scope of the Stockholders’ Representative’s authority under this Section 9 shall constitute a notice or communication to or by, or a decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of all stockholders of the Company and holders of Company Stock Options immediately prior to the Effective Time and shall be final, binding and conclusive upon each such holder and each Acquiror Indemnified Person (as defined in Section 10.1 hereof), and the Escrow Agent and Parent shall be entitled to rely upon any such notice, communication, decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction as being a notice or communication to or by, or a decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of, each and every such Company stockholder and holder of Company Stock Options.

Actions of the Stockholders Representative. Any notice or communication given or received by, and any decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of, the Stockholders’ Stockholders Representative that is within the scope of the Stockholders’ Stockholders Representative’s authority under this Section 9 7.7 shall constitute a notice or communication to or by, or a decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of all stockholders of the Company and holders of Company Stock Options immediately prior to the Effective Time Stockholder and shall be final, binding and conclusive upon each such holder Stockholder; and each Acquiror Indemnified Person (as defined in Section 10.1 hereof), and the Escrow Agent and Parent shall be entitled to rely upon any such notice, communication, decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction as being a notice or communication to or by, or a decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of, each and every such Company stockholder Stockholder. Except for their gross negligence and holder willful misconduct, each Indemnified Person and the Escrow Agent are unconditionally and irrevocably relieved from any liability to any person for any acts done by them in accordance with any such notice, communication, decision, action, failure to act within a designated period of Company Stock Optionstime, agreement, consent or instruction of the Stockholders Representative.

Actions of the Stockholders Representative. Any notice or communication after the Closing given or received by, and any decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of, the Stockholders’ Representative that is within the scope of the Stockholders’ Representative’s authority under this Section 9 6.8 shall constitute a notice or communication to or by, or a decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of all stockholders Stockholders of the Company and holders of Company Stock Options or Warrants immediately prior to the Effective Time and shall be final, binding and conclusive upon each such holder and each Acquiror Securityholder Indemnified Person (as defined in Section 10.1 hereof)Party, and the Escrow Agent and Parent shall be entitled to rely upon any such notice, communication, decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction as being a notice or communication to or by, or a decision, action, failure to act within a designated period of time, agreement, consent, settlement, resolution or instruction of, each and every such Company stockholder and holder of Company Stock OptionsSecurityholder.