New Shares. Stockholder agrees that any shares of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 9 contracts
Samples: Merger Agreement (Pervasive Software Inc), Stockholder Agreement (Saflink Corp), Voting Agreement (Pervasive Software Inc)
New Shares. Stockholder Shareholder agrees that any shares of Company ---------- Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and ---------- conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 8 contracts
Samples: Merger Agreement (Credence Systems Corp), Merger Agreement (Integrated Measurement Systems Inc /Or/), Merger Agreement (Credence Systems Corp)
New Shares. Stockholder agrees that any shares of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 7 contracts
Samples: Stockholder Agreement (Telxon Corp), Stockholder Agreement (Aironet Wireless Communications Inc), Stockholder Agreement (SSP Solutions Inc)
New Shares. Stockholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 6 contracts
Samples: Merger Agreement (Telebanc Financial Corp), Merger Agreement (Doubleclick Inc), Merger Agreement (Doubleclick Inc)
New Shares. Stockholder Shareholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 5 contracts
Samples: Merger Agreement (At Plan Inc), Shareholder Agreement (Onlinetradinginc Com Corp), Shareholder Agreement (Onlinetradinginc Com Corp)
New Shares. Stockholder agrees that any shares of Company Capital Stock Seller’s common stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Stockholder that are convertible into, or exercisable or exchangeable for, shares of Seller common stock (“New Shares”) ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Adams Michael F), Asset Purchase Agreement (AdvanSource Biomaterials Corp), Voting and Support Agreement (Adams Michael F)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Stockholder which are convertible into, or exercisable or exchangeable for, shares of capital stock of the Company (“New Shares”) "NEW SHARES"), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 4 contracts
Samples: Stockholder Voting Agreement (Inverness Medical Innovations Inc), Stockholder Voting Agreement (Inverness Medical Innovations Inc), Stockholder Voting Agreement (Inverness Medical Innovations Inc)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”as defined below) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 4 contracts
Samples: Voting Agreement (Valueclick Inc/Ca), Voting Agreement (Valueclick Inc/Ca), Voting Agreement (Valueclick Inc/Ca)
New Shares. Stockholder Each Shareholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder such Shareholder purchases or with respect to which Stockholder such Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Share Exchange Agreement (North American Vaccine Inc), Shareholder Agreement (Biochem Pharma Inc), Shareholder Agreement (North American Vaccine Inc)
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock of Target that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Cardiometrics Inc), Voting Agreement (Endosonics Corp)
New Shares. Stockholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares for so long as they are held by Stockholder.
Appears in 3 contracts
Samples: Stockholder Agreement (Doubleclick Inc), Stockholder Agreement (Doubleclick Inc), Stockholder Agreement (Netgravity Inc)
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock of Target that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 3 contracts
Samples: Voting and Lockup Agreement (Missouri Foundation for Health), Voting and Lockup Agreement (Cobalt Corp), Voting and Lockup Agreement (Rightchoice Managed Care Inc /De)
New Shares. Stockholder The Shareholder agrees that any shares of capital stock or voting securities of the Company Capital Stock that Stockholder the Shareholder purchases or with respect to which Stockholder the Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares and to the extent that the nature of the Shareholder's beneficial ownership of such New Shares enables the Shareholder to grant such rights with respect thereto.
Appears in 2 contracts
Samples: Voting Agreement (Wellcare Management Group Inc), Voting Agreement (Wellcare Management Group Inc)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares. [Any shares of capital stock of the Company acquired by the Stockholder as a result of a stock dividend, stock split or similar event with respect to the Other Shares shall not be deemed New Shares.]
Appears in 2 contracts
Samples: Voting Agreement (Valueclick Inc/Ca), Voting Agreement (Valueclick Inc/Ca)
New Shares. Stockholder agrees that any shares of Company Capital Common Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Stockholder Agreement (Procyte Corp /Wa/), Stockholder Agreement (Photomedex Inc)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Time, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of any Options held by Stockholder (“New Shares”) ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares as of the date hereof.
Appears in 2 contracts
Samples: Voting Agreement (Tanox Inc), Voting Agreement (Genentech Inc)
New Shares. Stockholder Shareholder agrees that any shares of capital stock of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Shareholder Agreement (Microsoft Corp), Shareholder Agreement (Microsoft Corp)
New Shares. Each Stockholder agrees that any shares of Company Capital Stock capital stock or voting securities of Parent ("NEW SHARES") that such Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”as hereinafter defined) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.. As used herein, the term
Appears in 2 contracts
Samples: Merger Agreement (Ness Technologies Inc), Voting Agreement (Ness Technologies Inc)
New Shares. Stockholder Shareholder agrees that any shares of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Shareholder Agreement (Credence Systems Corp), Stockholder Agreement (Cisco Systems Inc)
New Shares. Stockholder Shareholder agrees that any shares of capital stock ---------- of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership (including, without limitation, pursuant to any stock split, stock dividend, recapitalization, reorganization or the like) after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Digital Island Inc), Agreement and Plan of Reorganization (Digital Island Inc)
New Shares. Stockholder Shareholder agrees that any shares of capital stock ---------- of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting Agreement (Microsoft Corp), Voting Agreement (Microsoft Corp)
New Shares. Stockholder agrees that any shares of Company Capital Stock Purchaser Shares that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Stockholder that are convertible into, or exercisable or exchangeable for, Purchaser Shares (“New Shares”) ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting and Support Agreement (Viasat Inc), Voting and Support Agreement (Viasat Inc)
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock ---------- of Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial or record ownership or voting power after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Digital Island Inc), Voting Agreement (Sandpiper Networks Inc)
New Shares. Stockholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be on the terms and subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Messagemedia Inc), Merger Agreement (Messagemedia Inc)
New Shares. Each Stockholder agrees that any shares or securities of the capital stock of the Company Capital Stock that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (the “New Shares”) ), and any and all other shares or securities of the Company issued, issuable, exchanged or exchangeable in respect of any New Shares, shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Voting Agreement (Vfinance Inc), Voting Agreement (National Holdings Corp)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership (“New Shares”) after the date execution of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Softech Inc), Stockholder Agreement (Softech Inc)
New Shares. Stockholder agrees that any shares of capital stock of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares on the date hereof.
Appears in 2 contracts
Samples: Stockholder Voting Agreement (Plumtree Software Inc), Stockholder Voting Agreement (Bea Systems Inc)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership Beneficial Ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. The Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. The Stockholder agrees that any shares or securities of the capital stock of the Company Capital Stock that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“the "NEW SHARES"), and any and all other shares or securities of the Company issued, issuable, exchanged or exchangeable prior to the Expiration Date in respect of any New Shares”) , shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Each Stockholder agrees that any shares of capital stock or voting securities of the Company Capital Stock that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Merger Agreement (Micromuse Inc)
New Shares. The Stockholder agrees that any shares or securities of the capital stock of the Company Capital Stock that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (the “New Shares”) ), and any and all other shares or securities of the Company issued, issuable, exchanged or exchangeable prior to the Expiration Date in respect of any New Shares, shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder Shareholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Investor Agreement (Sybase Inc)
New Shares. Each Stockholder agrees that any shares of capital stock or voting securities of Company Capital Stock that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Effective Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares. Each Stockholder hereby agrees, while this Agreement is in effect, to promptly notify Parent of the number of any New Shares acquired by such Stockholder, if any, after the date hereof.
Appears in 1 contract
Samples: Stockholder Agreement (Aon Corp)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock or Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Parent Shares.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bowmar Instrument Corp)
New Shares. The Stockholder agrees that any shares of Company Capital Stock capital stock or voting securities of Parent that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares for so long as they are held by the Stockholder.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Stockholder that are convertible into, or exercisable or exchangeable for, shares of capital stock of the Company (“"New Shares”) "), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Novadigm Inc)
New Shares. Stockholder Shareholder agrees that any shares of capital stock ---------- of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Digital Island Inc)
New Shares. Stockholder agrees that any shares of Company Capital Stock capital ---------- stock or voting securities of Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject ---------- to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Stockholder that are convertible into, or exercisable or exchangeable for, shares of capital stock of the Company (“New Shares”) ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of capital stock ---------- or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder The Shareholder agrees that any shares of capital stock or voting securities of the Company Capital Stock that Stockholder the Shareholder purchases or with respect to which Stockholder the Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares and to the extent that the nature of the Shareholder's beneficial ownership of such Shares enables the Shareholder to grant such rights with respect thereto.
Appears in 1 contract
Samples: Voting Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
New Shares. Stockholder agrees that any shares of Company Parent Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Stockholder Agreement (Saflink Corp)
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”as defined below) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Valueclick Inc/Ca)
New Shares. Stockholder agrees that any shares of capital stock of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“'New Shares”') shall be on the terms and subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Doubleclick Inc)
New Shares. The Stockholder agrees that any shares or securities of the capital stock of the Company Capital Stock that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“the "New Shares”) "), and any and all other shares or securities of the Company issued, issuable, exchanged or exchangeable prior to the Expiration Date in respect of any New Shares, shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Pinnacor Inc)
New Shares. Stockholder agrees that any shares of capital ---------- stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”as defined below) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Mediaplex Inc)
New Shares. Stockholder agrees that any shares of capital stock or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be on the terms and subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Valueclick Inc/Ca)
New Shares. Stockholder Shareholder agrees that any shares of capital ---------- stock of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Valueclick Inc/Ca)
New Shares. Stockholder The Shareholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder the Shareholder purchases or with respect to which Stockholder the Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Netscape Communications Corp)
New Shares. Each Stockholder agrees that any shares of Company Capital Stock capital stock or voting securities of Parent ("New Shares") that such Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.the
Appears in 1 contract
New Shares. The Stockholder agrees that any shares or securities of the capital stock of the Company Capital Stock that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (the “New Shares”) ), and any and all other shares or securities of the Company issued, issuable, exchanged or exchangeable in respect of any New Shares, shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder Shareholder agrees that any shares of Company Seller Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Shareholder that are convertible into, or exercisable or exchangeable for, shares of Seller Capital Stock (“New Shares”) ), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Support Agreement (Determine, Inc.)
New Shares. Stockholder Shareholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date Date, including, without limitation, shares issued or issuable upon the conversion, exercise or exchange, as the case may be, of all securities held by Shareholder which are convertible into, or exercisable or exchangeable for, shares of capital stock of the Company (“"New Shares”) "), shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. The Stockholder agrees that any shares or securities of Company Capital Stock the capital stock of Parent that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“the "NEW SHARES"), and any and all other shares or securities of Parent issued, issuable, exchanged or exchangeable in respect of any New Shares”) , shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (One Clark LLC)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Parent Shares.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bowmar Instrument Corp)
New Shares. Stockholder agrees that any shares of capital ---------- stock or voting securities of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder Shareholder agrees that any shares of capital stock of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted SharesShares on the date hereof.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock ---------- of HCC that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ownership, or otherwise is granted a voting proxy with respect thereto, after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization and Merger (Healthcentral Com)
New Shares. Each Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Capital Stock capital stock or voting securities of Parent that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder Each Shareholder agrees that any shares of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Stock Purchase Agreement (Scientific Technologies Inc)
New Shares. Stockholder Shareholder agrees that any shares of capital stock ---------- or voting securities of Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Digital Island Inc)
New Shares. Stockholder agrees that any shares of capital stock of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership ("NEW Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”as defined below) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Valueclick Inc/Ca)
New Shares. Stockholder agrees that any shares of capital ---------- stock of Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and ---------- conditions of this Agreement to the same extent as if they constituted SharesShares on the date hereof.
Appears in 1 contract
Samples: Stockholder Voting Agreement (Gasonics International Corp)
New Shares. Stockholder Each Company Shareholder agrees that any shares of Shares ---------- that the Company Capital Stock that Stockholder Shareholder purchases or with respect to which Stockholder the Company Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares in the capital of the Company Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Capital Common Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Parent Capital Stock that Stockholder purchases or with respect to which Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder Each Shareholder agrees that any shares of the Company Capital Stock that Stockholder the Shareholder purchases or with respect to which Stockholder the Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”"NEW SHARES") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Share Exchange Agreement (8x8 Inc)
New Shares. Each Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that such Stockholder purchases or with respect to which such Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. Stockholder agrees that any shares of Company Capital Stock that Stockholder purchases or with respect to which ---------- Stockholder otherwise acquires beneficial ownership ("New Shares") after the date execution of this Agreement and prior to the Expiration Date (“New Shares”as defined below) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
Samples: Voting Agreement (Mediaplex Inc)
New Shares. Stockholder Each Shareholder agrees that any shares of capital ---------- stock or voting securities of Company Capital Stock that Stockholder such Shareholder purchases or with respect to which Stockholder such Shareholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“"New Shares”") shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
New Shares. The Stockholder agrees that any shares of Company Capital Stock capital stock of Parent that the Stockholder purchases or with respect to which the Stockholder otherwise acquires beneficial ownership after the date of this Agreement and prior to the Expiration Date (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares.
Appears in 1 contract
