Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 13 contracts
Samples: Merger Agreement (H Power Corp), Agreement and Plan of Reorganization (Peregrine Systems Inc), Voting Agreement (Electronic Designs Inc)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (as such term is defined in Rule 13d-3 under the Exchange Act) after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 6 contracts
Samples: Voting Agreement (Fairchild Corp), Voting Agreement (Fairchild Corp), Voting Agreement (Fairchild Corp)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (as such term is defined in Rule 13d-3 under the Exchange Act) after the execution of this Agreement and prior to the Expiration Date ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 5 contracts
Samples: Voting Agreement (Kaynar Technologies Inc), Voting Agreement (Kaynar Technologies Inc), Voting Agreement (Kaynar Technologies Inc)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (as such term is defined in Rule 13d-3 under the Exchange Act) after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 5 contracts
Samples: Voting Agreement (Sawtek Inc \Fl\), Voting Agreement (Triquint Semiconductor Inc), Voting Agreement (General Semiconductor Inc)
Additional Purchases. Stockholder agrees that any capital shares of capital stock of the Company Seller that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership sole or shared voting power after the execution of this Agreement and prior to the Expiration Date Date, including, but not limited to, any Seller Common Shares resulting from Stockholder’s exercise of any Seller Options ("as defined in the Merger Agreement) (the “New Shares") ”), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted the Shares.
Appears in 5 contracts
Samples: Merger Agreement (Ign Entertainment Inc), Voting Agreement (Great Hill Partners LLC), Voting Agreement (Great Hill Partners LLC)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 5 contracts
Samples: Voting Agreement (Rational Software Corp), Voting Agreement (Rational Software Corp), Voting Agreement (Rational Software Corp)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 4 contracts
Samples: Voting Agreement (Rational Software Corp), Voting Agreement (Rational Software Corp), Voting Agreement (Rational Software Corp)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (over which beneficially-owned shares the Stockholder exercises voting power) after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Platinum Software Corp), Voting Agreement (Hewlett Packard Co), Company Voting Agreement (Platinum Software Corp)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company FHP that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution date of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Voting and Non Disposition Agreement (Pacificare Health Systems Inc), Voting and Non Disposition Agreement (Pacificare Health Systems Inc), Voting and Non Disposition Agreement (Pacificare Health Systems Inc)
Additional Purchases. Stockholder Shareholder agrees that any shares of the capital stock of the Company that Stockholder purchases acquired by Shareholder on or with respect to which Stockholder otherwise acquires beneficial ownership after the execution date of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Merger Agreement (Boole & Babbage Inc), Merger Agreement (Jetfax Inc), Shareholder Agreement (Boole & Babbage Inc)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Inktomi Corp), Agreement and Plan of Reorganization (Softdesk Inc), Voting Agreement (Quantum Corp /De/)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership or voting control after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/), Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/), Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/)
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Phoenix Technologies LTD), Agreement and Plan of Reorganization (Insilicon Corp), Voting Agreement (Metatools Inc)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (over which beneficially- owned shares the Stockholder exercises voting power) after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Verifone Inc), Voting Agreement (Verifone Inc)
Additional Purchases. The Stockholder agrees that any -------------------- shares of capital stock of the Company Resounding that such Stockholder purchases shall purchase or with respect to which such Stockholder shall otherwise acquires acquire beneficial ownership after the execution of this Agreement and prior to the Expiration Date (the "New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted were Shares.
Appears in 2 contracts
Samples: Merger Agreement (Mpath Interactive Inc/Ca), Merger Agreement (Mpath Interactive Inc/Ca)
Additional Purchases. Stockholder Each Shareholder agrees that any shares of capital stock of the Company that Stockholder purchases such Shareholder purchases, or with respect to which Stockholder such Shareholder otherwise acquires beneficial ownership or voting control after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New Shares") ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting Agreement (Precision Auto Care Inc), Voting Agreement (Precision Auto Care Inc)
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership (as such term is defined in Rule 13d-3 under the Exchange Act) after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting Agreement (Triquint Semiconductor Inc), Voting Agreement (Sawtek Inc \Fl\)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Phoenix Technologies LTD), Voting Agreement (Metatools Inc)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (over which beneficially-owned shares Stockholder exercises voting power) after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting Agreement (Cardiogenesis Corp), Voting Agreement (Network General Corporation)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date termination of this Agreement in accordance with Section 6 ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Summit Design Inc), Agreement and Plan of Reorganization (Orcad Inc)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (over which beneficially- owned shares Stockholder exercises voting power) after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting Agreement (McAfee Associates Inc), Voting Agreement (McAfee Associates Inc)
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("the “New Shares"”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Existing Shares.
Appears in 2 contracts
Samples: Voting Agreement (Commerce Planet), Voting Agreement (Morlex Inc /Co)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (over which beneficially-owned shares the Stockholder exercises voting power) after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Stockholder Shareholder agrees that any shares of -------------------- capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Metatools Inc)
Additional Purchases. Stockholder agrees that any shares of capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Healtheon Corp)
Additional Purchases. The Stockholder agrees that any Company Preferred Shares and all other capital shares of capital stock of the Company that the Stockholder purchases or otherwise acquires or with respect to which the Stockholder otherwise acquires beneficial ownership sole or shared voting power after the execution of this Agreement and prior to the Expiration Date ("the “New Company Shares"”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted the Company Preferred Shares.
Appears in 1 contract
Samples: Voting and Support Agreement (Landmark Apartment Trust, Inc.)
Additional Purchases. Stockholder Shareholder agrees that any shares of -------------------- capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution date of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder purchases Shareholder purchases, or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership or voting control after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Each Stockholder agrees that any shares of the Company's capital stock or other securities of the Company that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership (as such term is defined in Rule 13d-3 under the Exchange Act) after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Stockholder Shareholder agrees that any shares -------------------- of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Splash Technology Holdings Inc)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company (or any Trustee certificates evidencing the same) that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date (the "New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Splash Technology Holdings Inc)
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New SharesNEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Stockholder The Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder the Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date (collectively, "New Shares") shall be ---------- subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement and Irrevocable Proxy (Fresh America Corp)
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution date of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Merger Agreement (Informix Corp)
Additional Purchases. The Stockholder agrees that any shares of capital stock of the Company that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Stockholder Agreement (Fidelity National Financial Inc /De/)
Additional Purchases. Stockholder Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution date of this Agreement and prior to the Expiration Date ("“New Shares"”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. The Stockholder agrees that any shares -------------------- of capital stock of the Company that the Stockholder purchases shall purchase or with respect to which the Stockholder shall otherwise acquires acquire beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Qualix Group Inc)
Additional Purchases. Stockholder The Shareholder agrees that any shares of capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder the Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date (collectively, "New Shares") ---------- shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement and Irrevocable Proxy (Fresh America Corp)
Additional Purchases. Stockholder Shareholder agrees that any shares of -------------------- capital stock of the Company that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Inktomi Corp)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company Bank that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership sole or shared voting power after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership owner ship after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Inktomi Corp)
Additional Purchases. The Stockholder agrees that any shares of capital stock of the Company that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Stockholder Agreement (Imation Corp)
Additional Purchases. Stockholder Each of the Shareholders agrees that any shares of capital stock of the Company that Stockholder such Shareholder purchases or with respect to which Stockholder such Shareholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Shareholder Agreement (Fidelity National Financial Inc /De/)
Additional Purchases. Stockholder agrees that any shares of -------------------- capital stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject to ---------- the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Stockholder agrees that any shares of capital stock Common Stock of the Company that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date date of termination of this Agreement ("New Shares") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Additional Purchases. Each Stockholder agrees that any shares of capital stock or other equity securities of the Company that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership sole or shared voting power after the execution of this Agreement and prior to the Expiration Date Date, whether by the exercise of any stock options or otherwise ("“New Shares") ”), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted the Shares.
Appears in 1 contract
Additional Purchases. The Stockholder agrees that any shares of capital stock of the Company that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership after the execution of this Agreement and prior to the Expiration Date ("New Shares") shall be subject Subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Stockholder Agreement (Toro Co)