Common use of Dividends, Voting and Rights of Ownership Clause in Contracts

Dividends, Voting and Rights of Ownership. Except for tax-free dividends paid in stock declared with respect to the Escrow Shares pursuant to Section 305(a) of the Internal Revenue Code of 1986, as amended (the "CODE") ("ADDITIONAL ESCROW SHARES"), there will be distributed promptly to the Holders any cash dividends or dividends payable in securities or other distributions of any kind made in respect of the Escrow Shares. Each Holder will have voting rights with respect to the Escrow Shares deposited in the Escrow Fund with respect to such Holder so long as such Escrow Shares are held in escrow, and Niku will take all reasonable steps necessary to allow the exercise of such rights. While the Escrow Shares remain in the Escrow Agent's possession pursuant to this Agreement and the Merger Agreement, the Holders will retain and will be able to exercise all other incidents of ownership of said Escrow Shares which are not inconsistent with the terms and conditions of this Agreement and the Merger Agreement.

Dividends, Voting and Rights of Ownership. Except for tax-free dividends paid in stock declared with respect to the Escrow Shares Securities pursuant to Section 305(a) of the Internal Revenue Code of 1986, as amended (the "CODE") ("ADDITIONAL ESCROW SHARESSECURITIES"), there will be distributed promptly to the Holders any cash dividends or dividends payable in securities or other distributions of any kind made in respect of the Escrow SharesSecurities. Each Holder will have voting rights with respect to the Escrow Shares Securities deposited in the Escrow Fund with respect to such Holder so long as such Escrow Shares Securities are held in escrow, and Niku HearMe will take all reasonable steps necessary to allow the exercise of such rights. While the Escrow Shares Securities remain in the Escrow Agent's possession pursuant to this Agreement and the Merger Agreement, the Holders will retain and will be able to exercise all other incidents of ownership of said Escrow Shares Securities which are not inconsistent with the terms and conditions of this Agreement and the Merger Agreement.

Dividends, Voting and Rights of Ownership. Except for tax-free ----------------------------------------- dividends paid in stock declared with respect to the Escrow Shares pursuant to Section 305(a) of the Internal Revenue Code of 1986, as amended (the "CODE") ("ADDITIONAL ESCROW SHARESCode"), ---- there will be distributed promptly to the Holders each Holder any cash dividends or dividends payable in securities or other distributions of any kind made in respect of the Escrow Shares. Each Holder will have voting rights with respect to the Escrow Shares deposited in the Escrow Fund with respect to such Holder so long as such Escrow Shares are held in escrow, and Niku Vertel will take all reasonable steps necessary to allow the exercise of such rights. While the Escrow Shares remain in the Escrow Depository Agent's possession pursuant to this Agreement and the Merger Purchase Agreement, the Holders will retain and will be able to exercise all other incidents of ownership of said Escrow Shares which are not inconsistent with the terms and conditions of this Agreement and the Merger Purchase Agreement.

Dividends, Voting and Rights of Ownership. Except for tax-free ----------------------------------------- dividends paid in stock declared with respect to the Escrow Shares pursuant to Section 305(a) of the Internal Revenue Code of 1986, as amended (the "CODECode") ("ADDITIONAL ESCROW SHARESAdditional Escrow Shares"), there will be distributed promptly to the Holders any cash dividends or dividends payable in securities or other distributions of any kind made in respect of the Escrow Shares. Each Holder will have voting rights with respect to the Escrow Shares deposited in the Escrow Fund with respect to such Holder so long as such Escrow Shares are held in escrow, and Niku Durect will take all reasonable steps necessary to allow the exercise of such rights. While the Escrow Shares remain in the Escrow Agent's possession pursuant to this Agreement and the Merger Agreement, the Holders will retain and will be able to exercise all other incidents of ownership of said Escrow Shares which are not inconsistent with the terms and conditions of this Agreement and the Merger Agreement.