Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 16 contracts
Samples: Voting Agreement (Oclaro, Inc.), Voting Agreement (Accelrys, Inc.), Voting Agreement (Accelrys, Inc.)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and Parent or the Company or ParentCompany, on the otherother hand. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 14 contracts
Samples: Voting Agreement (Momentive Global Inc.), Voting Agreement (Momentive Global Inc.), Voting Agreement (Momentive Global Inc.)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 11 contracts
Samples: Voting and Support Agreement (McEwen Mining Inc.), Voting and Support Agreement (Timberline Resources Corp), Voting and Support Agreement (Ecology & Environment Inc)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract agreement or arrangement between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholderof Stockholder under this Agreement. Nothing in this Voting Agreement shall limit be construed as limiting any of the rights or remedies of Parent under the Merger Agreement, Agreement or any of the rights or remedies of the Company or Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, instrument shall limit any of Stockholder’s obligations, or any of the rights or remedies of Parent or any of the obligations of Stockholder Parent, under this Voting Agreement.
Appears in 7 contracts
Samples: Voting Agreement (Brocade Communications Systems Inc), Voting Agreement (Foundry Networks Inc), Voting Agreement (Brocade Communications Systems Inc)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Noncompetition Agreement shall be construed as independent of any other Contract agreement or arrangement between Stockholder, on the one hand, and the Company or ParentParent or any of their respective Affiliates, on the other. The other hand, and the existence of any claim or cause of action by Stockholder against the Company or Parent or any of their respective Affiliates shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Noncompetition Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights rights, remedies or remedies obligations of Parent or any of the rights, remedies or obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Noncompetition Agreement.
Appears in 7 contracts
Samples: Noncompetition Agreement, Noncompetition Agreement (Adobe Systems Inc), Noncompetition Agreement (Adobe Systems Inc)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; , and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 6 contracts
Samples: Voting and Support Agreement (Vector Capital V, L.P.), Voting and Support Agreement (Cornerstone OnDemand Inc), Form of Voting and Support Agreement (SharpSpring, Inc.)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract or arrangement between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholderof Stockholder under this Agreement. Nothing in this Voting Agreement shall limit be construed as limiting any of the rights or remedies of Parent under the Merger Agreement, Agreement or any of the rights or remedies of the Company or Parent or any of the obligations of Stockholder under any agreement Contract between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreementContract, certificate or instrument, instrument shall limit any of Stockholder’s obligations, or any of the rights or remedies of Parent or any of the obligations of Stockholder Parent, under this Voting Agreement.
Appears in 4 contracts
Samples: Voting Agreement (Adams Golf Inc), Voting Agreement (Adams Golf Inc), Voting Agreement (Adams Golf Inc)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent the Company under the Merger Agreement, or any of the rights or remedies of Parent the Company or any of the obligations of Stockholder under any agreement between Stockholder and Parent the Company or any certificate or instrument executed by Stockholder in favor of Parentthe Company; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent the Company or any of the obligations of Stockholder under this Voting Agreement.
Appears in 3 contracts
Samples: Voting Agreement (Opnext Inc), Voting Agreement (Sirenza Microdevices Inc), Voting Agreement (Rf Micro Devices Inc)
Independence of Obligations. The covenants and obligations of Stockholder Shareholder set forth in this Voting Agreement shall be construed as independent of any other Contract or arrangement between StockholderShareholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder Shareholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholderof Shareholder under this Agreement. Nothing in this Voting Agreement shall limit be construed as limiting any of the rights or remedies of Parent any party under the Merger Agreement, Agreement or any of the rights or remedies of the Company or Parent or any of the obligations of Stockholder Shareholder under any agreement Contract between Stockholder Shareholder and Parent or any certificate or instrument executed by Stockholder Shareholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreementContract, certificate or instrument, instrument shall limit any of Shareholder’s obligations, or any of the rights or remedies of Parent or any of the obligations of Stockholder Parent, under this Voting Agreement.
Appears in 3 contracts
Samples: Voting Agreement (Silicon Laboratories Inc), Voting Agreement (Sigma Designs Inc), Voting Agreement (Pericom Semiconductor Corp)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and Parent or the Company or ParentCompany, on the other. The existence of any claim or cause of action by Stockholder against Parent or the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent the Company under the Merger Agreement, or any of the rights or remedies of Parent the Company or any of the obligations of Stockholder under any agreement between Stockholder and Parent the Company or any certificate or instrument executed by Stockholder in favor of Parentthe Company; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent the Company or any of the obligations of Stockholder under this Voting Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Avanex Corp), Voting Agreement (Bookham, Inc.)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.any
Appears in 2 contracts
Samples: Form of Voting and Support Agreement (Ebay Inc), Form of Voting and Support Agreement (Gsi Commerce Inc)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Vintage Partners Gp, LLC), Voting Agreement (Kratos Defense & Security Solutions, Inc.)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Noncompetition Agreement shall be construed as independent of any other Contract agreement or arrangement between Stockholder, on the one hand, and the Company or ParentParent or any of their respective Affiliates, on the other. The other hand, and the existence of any claim or cause of action by Stockholder against the Company or Parent or any of their respective Affiliates shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Noncompetition Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Noncompetition Agreement.
Appears in 1 contract
Independence of Obligations. The covenants and obligations of Stockholder Equityholder set forth in this Voting Agreement shall be construed as independent of any other Contract between StockholderEquityholder, on the one hand, and the any Company Subsidiary or Parent, on the otherother hand. The existence of any claim or cause of action Action by Stockholder Equityholder against the any Company Subsidiary or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against StockholderEquityholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder Equityholder under any agreement between Stockholder Equityholder and Parent or any certificate or instrument executed by Stockholder Equityholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder Equityholder under this Voting Agreement.
Appears in 1 contract
Samples: Voting and Support Agreement (On Semiconductor Corp)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any 8. other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 1 contract
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and any of the Company Acquired Companies or Parent, on the otherother hand. The existence of any claim or cause of action Claim by Stockholder against any of the Company Acquired Companies or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.
Appears in 1 contract
Samples: Support Agreement (Intuit Inc)
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations under this Agreement against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent or the Company under the Merger Agreement, or any of the rights or remedies of Parent or the Company, or any of the obligations of Stockholder Stockholder, under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or the Company, or any of the obligations of Stockholder Stockholder, under this Voting Agreement.
Appears in 1 contract
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent the Company under the Merger Agreement, or any of the rights or remedies of Parent the Company or any of the obligations of Stockholder under any agreement between Stockholder and Parent the Company or any certificate or instrument executed by Stockholder in favor of Parentthe Company; and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent the Company or any of the obligations of Stockholder under this Voting Agreement.
Appears in 1 contract
Independence of Obligations. The covenants and obligations of Stockholder set forth in this Voting Agreement shall be construed as independent of any other Contract between Stockholder, on the one hand, and the Company or Parent, on the other. The existence of any claim or cause of action by Stockholder against the Company or Parent shall not constitute a defense to the enforcement of any of such covenants or obligations against Stockholder. Nothing in this Voting Agreement shall limit any of the rights or remedies of Parent under the Merger Agreement, or any of the rights or remedies of Parent or any of the obligations of Stockholder under any agreement between Stockholder and Parent or any certificate or instrument executed by Stockholder in favor of Parent; , and nothing in the Merger Agreement or in any other such agreement, certificate or instrument, shall limit any of the rights or remedies of Parent or any of the obligations of Stockholder under this Voting Agreement.. 5.21
Appears in 1 contract
Samples: Execution Version Voting and Support Agreement (Altisource Portfolio Solutions S.A.)