Additional Company Securities. Each Party covenants and agrees that during the Exclusivity Period, it shall notify each member of the Buyer Consortium in writing of the number of Additional Company Securities Beneficial Ownership in which is acquired by each Party or its Affiliates after the date hereof pursuant to Section 4.4(a) as soon as practicable, but in no event later than five (5) Business Days, after such acquisition. Any such Additional Company Securities shall automatically become subject to the terms of this Agreement and shall constitute Covered Securities for all purposes of this Agreement.
Additional Company Securities. Until the Expiration Time, each Written Consent Party agrees that any Company Securities that such Written Consent Party purchases or otherwise hereinafter acquires or with respect to which such Written Consent Party otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Written Consent Party as of the date hereof.
Additional Company Securities. Until the Expiration Time, each Securityholder agrees that any Company Securities that such Securityholder purchases or otherwise hereinafter acquires (including as a result of the exercise of any Company Option) or with respect to which such Securityholder otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Securityholder as of the date hereof.
Additional Company Securities. The Stockholder agrees that any additional Company Securities acquired by it or over which it acquires Beneficial Ownership or voting power or dispositive power, whether pursuant to the exercise of Owned Rights or otherwise, shall be subject to the provisions of this Agreement.
Additional Company Securities. Until the Expiration Time, each Written Consent Party agrees that any Company Securities that (a) are issued to such Written Consent Party after the date of this Agreement pursuant to any stock dividend, stock split, recapitalization, reclassification, combination or exchange of Company Securities or otherwise, (b) such Written Consent Party purchases or otherwise hereinafter acquires (including as a result of the exercise of any Company Option or Company Warrant or settlement of any Company RSU Award) or (c) with respect to which such Written Consent Party otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Written Consent Party as of the date hereof.
Additional Company Securities. Each Rollover Securityholder covenants and agrees that from and after the date hereof and until the Expiration Time, it or he shall notify other Parties in writing of the number of Additional Company Securities the Beneficial Ownership of which is acquired by such Rollover Securityholder or its or his Affiliates after the date hereof pursuant to Section 4.1(a) as soon as practicable, but in no event later than five (5) Business Days, after such acquisition. Any such Additional Company Securities shall automatically become subject to the terms of this Agreement and shall constitute “Covered Securities” and, other than the Ordinary Shares acquired by each of Xxxxxxx Xxxx, Xxxx Xxxx, Gang Xxxx, Xxxx Xxx and Bingbing Sun after the date hereof upon the vesting and settlement of the Company RSU Awards granted to each of them by the Company under the Company Share Plans, shall be deemed as “Rollover Securities” of the relevant Rollover Securityholder for all purposes of this Agreement, and Parent may update Schedule A to reflect the same, and for the avoidance of doubt, to reflect any increase in the number of Ordinary Shares that constitute Rollover Securities and any corresponding decrease in the number of Company Securities (other than Ordinary Shares) that constitute Rollover Securities of each applicable Rollover Securityholder as set forth on Schedule A hereof upon the exercise, vesting or settlement of Company Equity Awards granted by the Company to such applicable Rollover Securityholder under the Company Share Plans.
Additional Company Securities. Any additional shares of Subject Company Securities with respect to which the Holder acquires record or beneficial ownership after the date hereof, in any manner shall automatically become subject to the terms of this Agreement as though owned by such Holder as of the date hereof.
Additional Company Securities. Until the Expiration Time, each Key Stockholder agrees that any Company Securities that (a) are issued to such Key Stockholder after the date of this Agreement pursuant to any stock dividend, stock split, recapitalization, reclassification, combination or exchange of Company Securities or otherwise, (b) such Key Stockholder purchases or otherwise hereinafter acquires or (c) with respect to which such Key Stockholder otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Key Stockholder as of the date hereof.
Additional Company Securities. Until the Expiration Time, each Stockholder agrees that any Company Securities that such Stockholder purchases or otherwise hereinafter acquires or with respect to which such Stockholder otherwise acquires sole or shared voting power after the execution of this Agreement and prior to the Expiration Time shall be subject to the terms and conditions of this Agreement to the same extent as if they were owned by such Stockholder as of the date hereof.
Additional Company Securities. (a) Subject to the guidelines set forth in this Section 4.03 and the requirements of the Act and other applicable Law, the Board of Directors shall have the power to cause the Company to issue (i) additional Common Shares up to the maximum number authorized in Section 4.01(a)), and (ii) Preferred Shares up to the maximum number authorized in Section 4.01(b), in each case for any Company purpose, at any time or from time to time, for such consideration and on such terms and conditions as shall be established by the Board of Directors in its sole discretion, all without the approval of any Shareholder except as otherwise provided in this Agreement or any Designation creating any series of Preferred Shares. The consideration for subscriptions to, or the purchase of, Company Securities shall be paid in such form and in such manner as the Board of Directors shall determine. Company Securities so issued in accordance with the determination of the Board of Directors shall be deemed to be fully paid and, except to the extent specified in Section 18-607(b) of the Act, non-assessable if the entire amount of such consideration has been received by the Company for such Company Securities in the form of cash, property or services rendered, or a promissory note or other obligation to contribute cash or property or to perform services.
(b) Preferred Shares shall be issuable from time to time in one or more series, with such designations, preferences and relative, participating, optional or other special rights powers and duties (including rights to participate in allocations of income, gain, loss, deductions and credits) as shall be fixed by the Board of Directors in the exercise of its sole discretion (subject to the guidelines set forth in this Section 4.02 and the requirements of the Act and other applicable Law) and reflected in a written action or actions approved by the Board of Directors (each, a "Designation", each of which ----------- shall be deemed an amendment to this Agreement). Each subsequent Designation when approved by the Board of Directors shall be deemed to be set forth in this Article 4. Each Designation shall provide for the issuance of Preferred Shares of a particular series and shall set forth, without limitation, (i) the allocations of items of Company income, gain, loss, deduction and credit to such series of Preferred Shares, and the priority of such allocations relative to other classes or series of Preferred Shares; (ii) the right of such ser...
