Common use of Dissenters Clause in Contracts

Dissenters. The holders of no more than five percent (5%) of the ---------- outstanding shares of Company Capital Stock shall have either elected to exercise their rights to dissent from the Merger and shall have not effectively lost or withdrawn such dissenters rights or shall otherwise be entitled to exercise their rights to dissent from the Merger and shall have not effectively lost or withdrawn their right to exercise such dissenters rights.

Appears in 2 contracts

Samples: Merger Agreement (Cardiotech International Inc), Merger Agreement (Gish Biomedical Inc)

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Dissenters. The holders of no more than five ten percent (510%) of the ---------- outstanding shares of Company Capital Stock shall have either elected to exercise their rights to dissent from the Merger and shall have not effectively lost or withdrawn such dissenters rights or shall otherwise be entitled to exercise their rights to dissent from the Merger and shall have not effectively lost or withdrawn their right to exercise such dissenters rights.

Appears in 2 contracts

Samples: Merger Agreement (Speedfam Ipec Inc), Agreement and Plan of Reorganization (Novellus Systems Inc)

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Dissenters. The holders of no more than (i) five percent (5%) of the ---------- outstanding shares of Company Capital Stock shall have either elected to exercise their rights to dissent from the Merger and shall have not effectively lost or withdrawn such dissenters rights or rights, and (ii) ten percent (10%) of the outstanding shares of Company Capital Stock shall otherwise be entitled to exercise their rights to dissent from the Merger and shall have not effectively lost or withdrawn their right to exercise such dissenters rights.

Appears in 1 contract

Samples: Merger Agreement (Micrel Inc)

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