Common use of Dissenting Stockholders Clause in Contracts

Dissenting Stockholders. The Dissenting Shares shall include no more than ten percent (10%) of the shares of Company Common Stock outstanding immediately prior to the Effective Time. Parent shall have received a certificate signed on behalf of the Company by its Chief Executive Officer and its Chief Financial Officer to such effect.

Appears in 4 contracts

Samples: Merger Agreement (Tellabs Inc), Merger Agreement (Tellabs Inc), Merger Agreement (Advanced Fibre Communications Inc)

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Dissenting Stockholders. The Dissenting Shares shall include (i) no more than ten five percent (105%) of the shares of Company Preferred Stock and (ii) no more than five percent (5%) of the shares of Company Common Stock outstanding immediately prior to the Effective Time. Parent shall have received a certificate signed on behalf of the Company by its Chief Executive Officer and its Chief Financial Officer to such effect.

Appears in 2 contracts

Samples: Merger Agreement (Stratos Lightwave Inc), Merger Agreement (Stratos Lightwave Inc)

Dissenting Stockholders. The Dissenting Shares shall include no more than ten twelve percent (1012%) of the shares of Company Common Stock outstanding immediately prior to the Effective Time. Parent shall have received a certificate signed on behalf of the Company by its Chief Executive Officer and its Chief Financial Officer to such effect.

Appears in 2 contracts

Samples: Merger Agreement (Zamba Corp), Merger Agreement (Technology Solutions Company)

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Dissenting Stockholders. The Dissenting Shares shall include no more than ten five percent (105%) of the shares of Company Common Stock outstanding immediately prior to the Effective Time. Parent shall have received a certificate signed on behalf of the Company by its Chief Executive Officer and its Chief Financial Officer to such effect. Payments with respect to Dissenting Shares, if any, shall be made by the Company solely with its own funds, and the Company shall not be reimbursed therefor by Parent or any of its Subsidiaries either directly or indirectly.

Appears in 1 contract

Samples: Merger Agreement (Concord Efs Inc)

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