Common use of Application of Takeover Protections; Rights Agreement Clause in Contracts

Application of Takeover Protections; Rights Agreement. The Company and its board of directors have taken all reasonable action in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), shareholder rights plan or other similar anti-takeover provision under the Charter, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's issuance of the Note and the Investor's ownership of the Note. The Company and its board of directors have taken all reasonable action in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board of directors have taken all reasonable action in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), shareholder rights plan or other similar anti-takeover provision under the Charter, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's ’s issuance of the Note Securities and the Investor's ’s ownership of the NoteSecurities. The Company and its board of directors have taken all reasonable action in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board Board of directors Directors have taken all reasonable action necessary action, if any, in order to render inapplicable any control share acquisition, interested shareholderstockholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), shareholder rights plan ) or other similar anti-takeover provision under the CharterCertificate of Incorporation, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise formation which is or could become applicable to the Investor any Buyer as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's issuance of the Note Common Shares and the Investor's any Buyer’s ownership of the NoteCommon Shares. The Company and its board Board of directors Directors have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder stockholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Company Common Shares Stock or a change in control of the Company or any of its SubsidiariesCompany.

Application of Takeover Protections; Rights Agreement. The Company and its board of directors have taken all reasonable action in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), shareholder rights plan or other similar anti-takeover provision under the Chartercharter, Bylaws bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor Holder as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's ’s issuance of the Note Securities and the Investor's Holder’s ownership of the NoteSecurities. The Company and its board of directors have taken all reasonable action in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board Board of directors Directors have taken all reasonable action necessary actions, if any, in order to render inapplicable any control share acquisition, interested shareholderstockholder, business combination, poison pill (including, without limitation, including any distribution under a rights agreement), shareholder stockholder rights plan or other similar anti-takeover provision under any of the Charter, Certificate of Incorporation and Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor any Purchasers as a result of the transactions contemplated by this Agreementthe Transaction Agreements, including, without limitation, including the Company's ’s issuance of the Note Shares and the Investor's ownership by Purchasers of the NoteShares. The Company and its board Board of directors Directors have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder stockholder rights plan or similar arrangement relating to accumulations of beneficial ownership of shares of Common Shares Stock or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board of directors the Company Board have taken all reasonable action necessary action, if any, in order to render inapplicable any control share acquisition, interested shareholderstockholder, business combination, poison pill (including, without limitation, including any distribution under a rights agreement), shareholder rights plan ) or other similar anti-takeover provision under the CharterCertificate of Incorporation, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor as a result of the transactions contemplated by this Agreement, including, without limitation, including the Company's ’s issuance of the Note Securities and the Investor's ’s ownership of the NoteSecurities. The Company and its board of directors the Company Board have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder stockholder rights plan or similar arrangement relating to accumulations of beneficial ownership of shares of Common Shares Stock or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board Board of directors Directors have taken all reasonable action necessary action, if any, in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, including any distribution under a rights agreement), ) shareholder rights plan or other similar anti-takeover provision under the Charter, Bylaws Charter or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's ’s issuance of the Note Securities and the Investor's ’s ownership of the NoteSecurities. The Company and its board Board of directors Directors have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares Stock or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board of directors have taken all reasonable action necessary action, if any, in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, including any distribution under a rights agreement), shareholder rights plan or other similar anti-takeover provision under the Charter, Bylaws Articles or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor Creditor as a result of the transactions contemplated by this AgreementAgreement or any other Transaction Document, including, without limitation, including the Company's ’s issuance of the Note Securities and the Investor's Creditor’s ownership of the NoteSecurities. The Company and its board of directors have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares or a change in control of the Company or any of its Subsidiaries.

Application of Takeover Protections; Rights Agreement. The Company and its board of directors have taken all reasonable action necessary action, if any, in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, including any distribution under a rights agreement), shareholder rights plan ) or other similar anti-takeover provision under the CharterArticles of Incorporation, the Bylaws or other organizational documents or the laws of the Xxxxxxxx Islands or any other applicable jurisdiction of its incorporation or otherwise which is or could become applicable to the Investor Subscriber as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's ’s issuance of the Note Shares and the Investor's Subscriber’s ownership of the NoteShares. The Company and its board of directors have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares Stock or a change in control of the Company or any of its SubsidiariesCompany.

Application of Takeover Protections; Rights Agreement. The Company and its board of directors have taken all reasonable action necessary action, if any, in order to render inapplicable any control share acquisition, interested shareholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), shareholder rights plan ) or other similar anti-takeover provision under the CharterArticles of Incorporation, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise formation which is or could become applicable to the Investor Subscriber as a result of the transactions contemplated by this Agreement, including, without limitation, the Company's ’s issuance of the Note Shares and the Investor's Subscriber’s ownership of the NoteShares. The Company and its board Board of directors Directors have taken all reasonable action necessary action, if any, in order to render inapplicable any shareholder rights plan or similar arrangement relating to accumulations of beneficial ownership of Common Shares or a change in control of the Company or any of its Subsidiariessubsidiaries.