Common use of Dividends; Changes in Capital Stock Clause in Contracts

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 41 contracts

Samples: Agreement and Plan of Merger (Ellie Mae Inc), Agreement and Plan of Merger (Paypal Inc), Agreement and Plan of Merger and Reorganization (Saflink Corp)

AutoNDA by SimpleDocs

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 32 contracts

Samples: Agreement and Plan of Merger (COMMITTED CAPITAL ACQUISITION Corp), Agreement and Plan of Merger (Stratasys Inc), Agreement and Plan of Merger (Adventrx Pharmaceuticals Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesservice;

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Glu Mobile Inc), Agreement and Plan of Merger (Cray Inc), Agreement and Plan of Merger (Exponential Interactive, Inc.)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;; or

Appears in 7 contracts

Samples: Agreement and Plan (Medicus Systems Corp /De/), Agreement and Plan of Reorganization (Cybercash Inc), Agreement and Plan of Reorganization (Quadramed Corp)

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Cacheflow Inc), Agreement and Plan of Reorganization (Vignette Corp), Agreement and Plan of Reorganization (Salon Com)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesthe Company;

Appears in 5 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (NXT-Id, Inc.), Stock Purchase Agreement (Intercloud Systems, Inc.)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, ; or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (PLX Technology Inc), Agreement and Plan of Reorganization (Novellus Systems Inc), Agreement and Plan of Merger and Reorganization (Novellus Systems Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesSubsidiaries;

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Ess Technology Inc), Stock Purchase Agreement (Printcafe Inc), Agreement and Plan of Reorganization (Printcafe Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock and except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;it.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (INPHI Corp), Agreement and Plan of Merger (INPHI Corp)

Dividends; Changes in Capital Stock. Declare declare or pay any dividends dividend on or make any other distributions distribution (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Sirf Technology Holdings Inc), Merger Agreement and Plan of Reorganization (New Focus Inc)

Dividends; Changes in Capital Stock. Declare or ----------------------------------- pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of of, or in substitution for for, shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock stock, except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;; or

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Legato Systems Inc), Agreement and Plan of Reorganization (Ontrack Data International Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock stock, or property) in respect of any of its their capital stock, or split, combine combine, or reclassify any of its their capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of of, or in substitution for shares of its their capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its their capital stock except from former employees, directors directors, and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesservice;

Appears in 2 contracts

Samples: Strategic Business Combination Agreement (Steag Electronic Systems GMBH), Strategic Business Combination Agreement (Mattson Technology Inc)

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with existing agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lam Research Corp), Agreement and Plan of Merger (Lam Research Corp)

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Shareholder Agreement (Digital Island Inc)

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, ; or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Gasonics International Corp)

Dividends; Changes in Capital Stock. Declare declare or pay any dividends dividend on or make any other distributions distribution (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors directors, officers and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Asset Purchase Agreement (Atheros Communications Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends ----------------------------------- on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Kana Communications Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock stock, except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Goamerica Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on on, or make any other distributions (whether in cash, stock or property) in respect of of, any shares of its capital stock, or split, combine or reclassify any of its capital stock stock, or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, acquire any shares of its capital stock except from former employees, directors and consultants in accordance with agreements existing as of the date of this Agreement providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 1 contract

Samples: Stock Purchase Agreement (Cylink Corp /Ca/)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants to the extent required in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Covad Communications Group Inc)

Dividends; Changes in Capital Stock. Declare declare or pay any dividends dividend on or make any other distributions distribution (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock stock, except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesin the ordinary course of business;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sigma Designs Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Fonix Corp)

AutoNDA by SimpleDocs

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;; or

Appears in 1 contract

Samples: Interference Agreement (Genesys Telecommunications Laboratories Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ashford Com Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in with respect of to any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Polycom Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, non-employee directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it service, or its subsidiariesadopt or enter into any, “stockholder rights plan” or similar anti-takeover agreement or plan, or adopt any resolution, plan or arrangement for liquidation, dissolution or winding-up;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Virage Logic Corp)

Dividends; Changes in Capital Stock. Declare or pay any dividends ----------------------------------- on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Vignette Corp)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock stock, except at cost from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Micromuse Inc)

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesthe DMC Subsidiaries;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Measurex Corp /De/)

Dividends; Changes in Capital Stock. Declare declare or pay any dividends dividend on or make any other distributions distribution (whether in cash, stock or property) in respect of any of its capital stockshares, or split, combine or reclassify any of its capital stock shares or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stockshares, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares at original (or lower) cost in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Atheros Communications Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;Subsidiaries; (d)

Appears in 1 contract

Samples: Stock Purchase Agreement (Business Resource Group)

Dividends; Changes in Capital Stock. Declare Except as provided on Schedule 5.1(b), declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Nayna Networks, Inc.)

Dividends; Changes in Capital Stock. Declare or pay any ----------------------------------- dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of of, or in substitution for for, shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock stock, except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;; or

Appears in 1 contract

Samples: Affiliates Agreement (Qualix Group Inc)

Dividends; Changes in Capital Stock. Declare declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements in effect prior to November 19, 2004 providing for the repurchase of shares in connection with any termination of service to it or its subsidiariesit;

Appears in 1 contract

Samples: Support Agreement (Witness Systems Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements 36 42 providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cybercash Inc)

Dividends; Changes in Capital Stock. Declare or pay any dividends on or make any other distributions (whether in cash, stock or property) in respect of any of its capital stock, ; or split, combine or reclassify any of its capital stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of its capital stock, or repurchase or otherwise acquire, directly or indirectly, any shares of its capital stock except from former employees, directors and consultants in accordance with agreements providing for the repurchase of shares in connection with any termination of service to it or its subsidiaries;it.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Biodelivery Sciences International Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.