Counterparts; Joinder. This Agreement may be executed in counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. Additional Persons may become parties to this Agreement as "Investors" with the consent of the Company and the Majority Onex Investors, by executing and delivering to the Company a joinder agreement.
Counterparts; Joinder. Prior to Transferring any Units (other than Exchanges pursuant to Article XII or any Transfer to the Company) and as a condition precedent to the effectiveness of such Transfer, the transferring holder of Units will cause the prospective transferee(s) of such Units to execute and deliver to the Company counterparts of this Agreement and any other agreements relating to such Units, or executed joinders to such agreements, in each case, in a form acceptable to the Managing Member. Notwithstanding anything herein to the contrary, to the fullest extent permitted by law, any Person who acquires in any manner whatsoever any Units, irrespective of whether such Person has accepted and adopted in writing the terms and conditions of this Agreement, shall be deemed by the acceptance of the benefits of the acquisition thereof to have agreed to be subject to and bound by all of the terms and conditions of this Agreement to which any predecessor in such Units was subject or by which such predecessor was bound.
Counterparts; Joinder. This Agreement may be executed in one or more counterparts (including by facsimile), all of which shall be considered one and the same agreement and shall become effective when one or more such counterparts have been signed by each of the parties and delivered to the other parties. Parent and Company agree that, upon the formation of Sub as contemplated by the Rollover Agreement, Sub will be permitted to countersign a copy of this Agreement, and that such countersignature by Sub of this Agreement prior to the Closing will cause the joinder of Sub, and Sub will thereby become a Party hereto.
Counterparts; Joinder. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. Any Option Holder who exercises his Options after the date hereof (whether such exercise is absolute or contingent upon the consummation of the Contemplated Transactions) and any other shareholder of the Company that, prior to the Closing Date, offers to sell the capital stock of the Company received or to be received in connection with such exercise by such Option Holder or that is otherwise owned by such other shareholder to Buyer on the terms and conditions contained in this Agreement, will, upon execution and delivery of a Joinder Agreement, be deemed to be a Seller for all purposes hereof.
Counterparts; Joinder. This Agreement may be executed in counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. Additional Persons may become parties to this Agreement in accordance with the provisions of this Agreement or with the consent of the Company and the Majority Onex Investors, in either case by executing and delivering to the Company a joinder agreement (which may be in the form of an additional signature page hereto). Any employee of the Company or its subsidiaries (other than an employee who is a party to the Investor Equityholders Agreement) who (i) receives an option to purchase Units under the Company's Equity Option Plan or (ii) purchases Units under the Company Equity Purchase Plan, shall, upon execution of an option or subscription agreement between such employee and the Company, become a party to this Agreement as if such employee were a signatory hereto.
Counterparts; Joinder. Prior to Transferring any Units and as a condition precedent to the effectiveness of such Transfer, the transferring holder of Units will cause the prospective transferee(s) of such Units to execute and deliver to the Company counterparts of this Agreement and any other agreements relating to such Units, or executed joinders to such agreements, in each case, in a form acceptable to the Company. Notwithstanding anything herein to the contrary, to the fullest extent permitted by law, any Person who acquires in any manner whatsoever any Units, irrespective of whether such Person has accepted and adopted in writing the terms and conditions of this Agreement, shall be deemed by the acceptance of the benefits of the acquisition thereof to have agreed to be subject to and bound by all of the terms and conditions of this Agreement to which any predecessor in such Units was subject or by which such predecessor was bound.
Counterparts; Joinder. This Agreement may be executed in counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. Additional persons may become parties to this Agreement within 30 days of the date on which they first acquire capital stock of the Company or with the consent of the Company and Onex Partners, in either case by executing and delivering to the Company and Onex Partners an Adoption Agreement in the form of Exhibit A. Prior to the consummation of a Qualified Public Offering, the Company shall not issue or sell any shares of its capital stock to a person that is not a party to this Agreement unless such person concurrently becomes a party to this Agreement by executing and delivering an Adoption Agreement as contemplated by the immediately preceding sentence.
Counterparts; Joinder. This Agreement may be executed simultaneously in two or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together shall constitute one and the same Agreement. The Company may permit, with the prior written approval of Phronesis, any Person who acquires Common Stock or rights to acquire Common Stock after the date hereof (the “Acquired Common”) to become a party to this Agreement and to succeed to all of the rights and obligations of a “holder of Registrable Securities” under this Agreement by obtaining an executed joinder to this Agreement from such Person in the form of Exhibit A attached hereto, and upon the execution and delivery of the joinder by such Person, such Person shall for all purposes be a “holder of Registrable Securities” under this Agreement with respect to the Acquired Common; provided, however, that no such consent shall be required with respect to any Person that receives Registrable Securities from a Person who was a party hereto on November 30, 2004 in a transfer that is in compliance with the terms of the Stockholders Agreement. Columbus/395874.3
Counterparts; Joinder. Prior to Transferring any Units (other than pursuant to Section 12.7 or Section 12.8 or any Transfer to the Company pursuant to Section 3.9 or to Parent pursuant to Section 4, Section 5 or Section 6 of Annex I) and as a condition precedent to the effectiveness of such Transfer, the Transferring Holder will cause the Prospective Transferee(s) (including, if applicable, any Person that would be deemed a Holder but not a Member) to execute and deliver to the Company counterparts of this Agreement and any other agreements relating to such Units, if any, reasonably requested by the Company, or executed joinders to such agreements, in each case, in a form acceptable to the Company. Notwithstanding anything herein to the contrary, any Person who acquires in any manner whatsoever any Units or other Company Interest, irrespective of whether such Person has accepted and adopted in writing the terms and conditions of this Agreement, shall be deemed by the acceptance of the benefits of the acquisition thereof to have agreed to be subject to and bound by all of the terms and conditions of this Agreement to which any predecessor in such Units or Company Interest was subject or by which such predecessor was bound.
