Common use of Loss of Dissenting Share Status Clause in Contracts

Loss of Dissenting Share Status. Notwithstanding the provisions of Section 3.6(a), if any holder of shares of Common Stock or Preferred Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw, waive or otherwise lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Effective Time or the occurrence of such event, whichever later occurs, such holder’s shares of Common Stock or Preferred Stock, as applicable, shall automatically be converted into the right to receive the applicable consideration payable by the Buyer under Article III, without interest thereon, as and when payable pursuant to this Agreement, following the surrender of the Certificate or Certificates representing such shares of Common Stock or Preferred Stock.

Loss of Dissenting Share Status. Notwithstanding the provisions of Section 3.6(a), if any holder of shares of Company Common Stock or Company Preferred Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw, waive withdraw or otherwise lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the First Merger Effective Time or the occurrence of such event, whichever later occurs, such holder’s shares of Company Common Stock or Company Preferred Stock, as applicable, shall automatically be converted into the right to receive the applicable consideration payable by the Buyer under Article III, without interest thereon, as and when payable pursuant to this Agreement, following the surrender of the Certificate certificate or Certificates certificates representing such shares of Company Common Stock or Company Preferred Stock.

Loss of Dissenting Share Status. Notwithstanding the provisions of Section 3.6(a3.5(a), if any holder of shares of Common Stock or Company Preferred Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw, waive withdraw or otherwise lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Effective Time Closing or the occurrence of such event, whichever later occurs, such holder’s shares of Common Company Preferred Stock or Preferred Stock, as applicable, shall automatically be converted into the right to receive the applicable consideration payable by the Buyer under Article III, without interest thereon, as and when payable pursuant to this Agreement, following the surrender of the Certificate certificate or Certificates certificates representing such shares of Common Stock or Company Preferred Stock.