Common use of Holder Not Deemed a Stockholder Clause in Contracts

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, this Warrant shall not entitle Holder to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except Prior to the exercise or conversion of any Warrant, no holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance preemptive right or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter.

Holder Not Deemed a Stockholder. Except Prior to the exercise or conversion of any Warrants, no Holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganizationpreemptive right or, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter.

Holder Not Deemed a Stockholder. Except No Holder, as otherwise specifically provided hereinsuch, of this Warrant Note shall not entitle Holder be entitled to vote or receive dividends or be deemed the holder of shares of the Company for any other purpose, nor shall anything contained in this Note be construed to confer upon the Holder hereof, as such, any of the rights at law of a stockholder of the Company, including, without limitation, any right Company prior to vote, give or withhold consent the issuance to any corporate action (whether a reorganization, issue the Holder of stock, reclassification the shares of stock, consolidation, merger, conveyance or otherwise), Common Stock which the Holder is then entitled to receive notice upon the due conversion of meetings or receive subscription rightsthis Note.

Holder Not Deemed a Stockholder. Except Nothing contained in this Agreement or in any of the Warrants shall be construed as otherwise specifically provided herein, this Warrant shall not entitle Holder conferring upon the holders thereof the right to vote or to receive dividends or to participate in any transaction that would give rise to an adjustment of any Exercise Price under Section 12 or to consent or to receive notice as stockholders in respect of the meetings of stockholders or for the election of directors of the Company or any other matter, or any rights of a stockholder whatsoever as stockholders of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except Nothing contained in this Agreement or in any of the Warrants shall be construed as otherwise specifically provided herein, this Warrant shall not entitle Holder conferring upon the Holders thereof the right to vote or to receive dividends or to participate in any transaction that would give rise to an adjustment of the Exercise Price under Section 12 or to consent or to receive notice as stockholders in respect of the meetings of stockholders or for the election of directors of the Company or any other matter, or any rights of a stockholder whatsoever as stockholders of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except No Holder, as otherwise specifically provided hereinsuch, of this Warrant Note shall not entitle Holder be entitled to vote or receive dividends or be deemed the holder of shares of the Company for any other purpose, nor shall anything contained in this Note be construed to confer upon the Holder hereof, as such, any of the rights at law of a stockholder of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except Prior to the exercise or conversion of any Warrant, no holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance preemptive right or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter (provided that, for the avoidance of doubt, nothing herein shall limit the rights of the Holders under the Charter, the Securityholders Agreement or any other agreement).

Holder Not Deemed a Stockholder. Except No Holder, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be ------------------------------- entitled to vote or receive dividends (except as expressly set forth herein) or be deemed to be a stockholder of the Company for any other purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any rights of a stockholder of the Company, including, without limitation, Company or any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise)action, receive notice of meetings meetings, receive dividends or receive subscription rights, or otherwise.

Holder Not Deemed a Stockholder. Except Nothing contained in this Agreement or in any of the Warrants shall be construed as otherwise specifically provided herein, this Warrant shall not entitle Holder conferring upon the holders thereof the right to vote or to receive dividends or to participate in any transaction that would give rise to an adjustment under Section 12 or to consent or to receive notice as stockholders in respect of the meetings of stockholders or for the election of directors of the Company or any other matter, or any rights of a stockholder whatsoever as stockholders of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except as otherwise specifically provided hereinPrior to the exercise of a Warrant, this Warrant the Holder thereof shall not entitle Holder be entitled, as such, to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitation, any the right to vote, give vote or withhold to consent to any corporate action (whether a reorganizationof the stockholders of the Company, issue of stockto receive dividends or other distributions, reclassification of stock, consolidation, merger, conveyance to exercise any preemptive right or otherwise), to receive any notice of meetings or of stockholders of the Company and, except as otherwise provided in this Agreement, shall not be entitled to receive subscription rightsany notice of any proceedings of the Company.

Holder Not Deemed a Stockholder. Except Prior to the exercise of any Warrants, no Holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganizationpreemptive right or, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter.

Holder Not Deemed a Stockholder. Except Nothing contained in this Agreement or in any of the Warrant Certificates shall be construed as otherwise specifically provided herein, this Warrant shall not entitle Holder conferring upon the holders thereof the right to vote or to receive dividends or to consent or to receive notice as stockholders in respect of the meetings of stockholders or for the election of directors of the Company or any other matter, or any rights of a stockholder whatsoever as stockholders of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except Prior to the exercise or conversion of any Warrants, no Holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance preemptive right or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter, in each case, as a stockholder of the Company.

Holder Not Deemed a Stockholder. Except Prior to the exercise of any Series B Warrant, no holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance preemptive right or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter.

Holder Not Deemed a Stockholder. Except No Holder, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be ------------------------------- entitled to vote or receive dividends dividend (except as expressly set forth herein) or be deemed to be a stockholder of the Company for any other purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any rights of a stockholder of the Company, including, without limitation, Company or any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise)action, receive notice of meetings meetings, receive dividends or receive subscription rights, or otherwise.

Holder Not Deemed a Stockholder. Except No Holder, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends (except as expressly set forth herein) or be deemed to be a stockholder of Epic for any other purpose, nor shall anything contained in this Option be construed to confer upon the Holder, as such, any rights of a stockholder of the Company, including, without limitation, Epic or any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise)action, receive notice of meetings meetings, receive dividends or receive subscription rights, or otherwise.

Holder Not Deemed a Stockholder. Except No Holder, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends (except as expressly set forth herein) or be deemed to be a stockholder of the Company for any other purpose, nor shall anything contained in this Warrant be construed to confer upon the Holder, as such, any rights of a stockholder of the Company, including, without limitation, Company or any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise)action, receive notice of meetings meetings, receive dividends or receive subscription rights, or otherwise.

Holder Not Deemed a Stockholder. Except Nothing contained in this Agreement or in any of the Warrants shall be construed as otherwise specifically provided herein, this Warrant shall not entitle Holder conferring upon the Holders thereof the right to vote or to receive dividends or to participate in any transaction that would give rise to an adjustment of the Exercise Price under Section 11 or to consent or to receive notice as stockholders in respect of the meetings of stockholders or for the election of directors of the Company or any other matter, or any rights of a stockholder whatsoever as stockholders of the Company, including, without limitation, any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rights.

Holder Not Deemed a Stockholder. Except Prior to the exercise of any Series A Warrant, no holder thereof, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance preemptive right or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter.

Holder Not Deemed a Stockholder. Except Prior to the exercise of any Warrants, no Holder of a Warrant Certificate, as otherwise specifically provided hereinsuch, this Warrant shall not entitle Holder be entitled to vote or receive dividends or any other rights of a stockholder of the Company, including, without limitationbut not limited to, any the right to vote, give to receive dividends or withhold consent other distributions, to exercise any corporate action (whether a reorganizationpreemptive right or, issue of stockexcept as otherwise provided herein, reclassification of stock, consolidation, merger, conveyance or otherwise), to receive notice as stockholders in respect of the meetings of stockholders or receive subscription rightsfor the election of directors of the Company or any other matter.

Holder Not Deemed a Stockholder. Except as otherwise specifically provided herein, prior to the issuance to the Holder of the shares of Common Stock to which the Holder is then entitled to receive upon due exercise of this Warrant Warrant, the Holder shall not entitle Holder be entitled to vote or receive dividends or any other rights be deemed the Holder of a stockholder shares of capital stock of the Company, including, without limitation, Company for any right to vote, give or withhold consent to any corporate action (whether a reorganization, issue of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or receive subscription rightspurpose.