No Class Claims. Stockholder hereby agrees not to commence or participate in, and use reasonable best efforts to, if requested by Buyer, take all actions necessary to opt out of any class in any class action with respect to any claim, derivative or otherwise, against Buyer, Seller or any of their respective successors relating to the negotiation, execution or delivery of this Agreement or the Purchase Agreement or the consummation of the Purchase, including any claim (a) challenging the validity, or seeking to enjoin the operation, of any provision of this Agreement or the Purchase Agreement or (b) alleging a breach of any fiduciary duty of the Seller Board in connection with the Purchase Agreement or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Adams Michael F), Asset Purchase Agreement (AdvanSource Biomaterials Corp), Voting and Support Agreement (Adams Michael F)
No Class Claims. Stockholder Shareholder hereby agrees not to commence or participate in, and use reasonable best efforts to, if requested by BuyercomScore, take all actions necessary to opt out of any class in any class action with respect to to, any claim, derivative or otherwise, against BuyercomScore, Seller Merger Sub, Rentrak or any of their respective successors relating to the negotiation, execution or delivery of this Agreement or the Purchase Merger Agreement or the consummation of the PurchaseMerger, including any claim (ai) challenging the validity, or seeking to enjoin the operation, of any provision of this Agreement or the Purchase Merger Agreement or (bii) alleging a breach of any fiduciary duty of the Seller Rentrak Board in connection with the Purchase Merger Agreement or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Support Agreement (WPP PLC), Support Agreement (Rentrak Corp), Support Agreement (Comscore, Inc.)
No Class Claims. Stockholder Shareholder hereby agrees not to commence or participate in, and use reasonable best efforts to, if requested by Buyer, take all actions necessary to opt out of any class in any class action with respect to to, any claim, derivative or otherwise, against Buyer, Parent, Seller or any of their respective successors relating to the negotiation, execution or delivery of this Agreement or the Purchase Agreement or the consummation of the Purchase, including any claim (ai) challenging the validity, or seeking to enjoin the operation, of any provision of this Agreement or the Purchase Agreement or (bii) alleging a breach of any fiduciary duty of the Seller Board in connection with the Purchase Agreement or the transactions contemplated thereby.
Appears in 1 contract
Samples: Support Agreement (Determine, Inc.)