Common use of New Shares Clause in Contracts

New Shares. Holder agrees that any shares of Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the Expiration Date shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 6 contracts

Samples: Voting Agreement, Voting Agreement (Sunrise Acquisition Corp.), Voting Agreement (Sunrise Acquisition Corp.)

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New Shares. Holder agrees that any shares of Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 6 contracts

Samples: Support Agreement (Graham Holdings Co), Support Agreement (SmartPros Ltd.), Support Agreement (Archipelago Learning, Inc.)

New Shares. Holder agrees that any shares of Company Common Stock common stock of Parent that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on comprised the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 4 contracts

Samples: Stockholder Support Agreement (NTN Buzztime Inc), Stockholder Support Agreement (DelMar Pharmaceuticals, Inc.), Stockholder Support Agreement (DelMar Pharmaceuticals, Inc.)

New Shares. Holder agrees that any shares of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 4 contracts

Samples: Voting Agreement (Empire Capital Partners Lp), Voting Agreement (Intraware Inc), Voting Agreement (AMICAS, Inc.)

New Shares. Holder agrees that any shares of common stock of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on comprised the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 3 contracts

Samples: Stockholder Support Agreement (DelMar Pharmaceuticals, Inc.), Stockholder Support Agreement (DelMar Pharmaceuticals, Inc.), Voting Agreement (Arotech Corp)

New Shares. Holder agrees that any shares of capital stock of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 2 contracts

Samples: Voting Agreement (Crossmann Communities Inc), Voting Agreement (Crossmann Communities Inc)

New Shares. Holder agrees that any shares of Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the Expiration Date shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 2 contracts

Samples: Voting Agreement (Ramius LLC), Voting Agreement (Phoenix Technologies LTD)

New Shares. Holder agrees that any shares of capital stock of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 2 contracts

Samples: Voting Agreement (Beazer Homes Usa Inc), Voting Agreement (Beazer Homes Usa Inc)

New Shares. Holder agrees that any shares of Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) the Expiration Date (any such acquired shares, “New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 2 contracts

Samples: Voting Agreement (Nissenson Guy), Voting Agreement (Nts, Inc.)

New Shares. The Holder agrees that any shares of Company Common Stock that the Holder purchases or with respect to which the Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) the Expiration Date (the “New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 2 contracts

Samples: Option Exercise and Transaction Support Agreement (Washington Dennis R), Option Exercise and Transaction Support Agreement (Urs Corp /New/)

New Shares. Holder agrees that any shares of outstanding Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the Expiration Date shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Sharesthis Agreement.

Appears in 2 contracts

Samples: Voting Agreement, Voting Agreement (Stec, Inc.)

New Shares. Holder agrees that any shares of capital stock or interests in shares or other securities of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record registered or beneficial ownership after the date of this Agreement hereof and prior to the Expiration Date March 31, 2006 (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Voting Agreement (Solexa, Inc.)

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New Shares. Holder agrees that any shares of capital stock or interests in shares or other securities of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record registered or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Closing Date and (ii) 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Company Support Agreement (@Road, Inc)

New Shares. Holder agrees that any shares of Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership (including pursuant to a stock split, reverse stock split, stock dividend or distribution, or any change in Company Common Stock by reason of any recapitalization, combination, reclassification, exchange of shares or similar transaction) after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on comprised the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Voting Agreement (CommerceHub, Inc.)

New Shares. Holder agrees that any shares of Company Common Stock capital stock or interests in shares or other securities of the Company, that Holder purchases or with respect to which Holder otherwise acquires record registered or beneficial ownership after the date of this Agreement hereof and prior to the Expiration Date August 31, 2005 (“New Shares”) shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Company Support Agreement (Solexa, Inc.)

New Shares. Holder agrees that any shares of the Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Voting Agreement (Entrust Inc)

New Shares. Holder agrees that any shares of Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on comprised the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Voting Agreement (Qlik Technologies Inc)

New Shares. Holder agrees that any shares of Company outstanding Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the Expiration Date shall be subject to the terms and conditions of this Agreement to the same extent as if they constituted Shares on the date hereof and for all purposes shall be included in the definition of Sharesthis Agreement.

Appears in 1 contract

Samples: Voting Agreement (Leyard American Corp)

New Shares. Holder agrees that any shares of outstanding Company Common Stock that Holder purchases or with respect to which Holder otherwise acquires record or beneficial ownership after the date of this Agreement and prior to the earlier to occur of (i) the Effective Time and (ii) 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 on the date hereof and for all purposes shall be included in the definition of Shares.

Appears in 1 contract

Samples: Voting Agreement (Sonicwall Inc)

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