Common use of No Preferential Rights Clause in Contracts

No Preferential Rights. (i) No person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Shares, upon the vesting of restricted stock units, or upon the exercise of options or vesting of restricted stock units that may be granted from time to time under the Company’s stock incentive plans, if any), (ii) no Person has any preemptive rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company from the Company which have not been duly waived with respect to the offering contemplated hereby, and (iii) no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Act any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Shares as contemplated thereby or otherwise, except for such rights as have been waived on or prior to the date hereof.

No Preferential Rights. Except as set forth in the Registration Statement and the Prospectus, (i) No no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Ordinary Shares or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Shares, upon the vesting of restricted stock units, or upon the exercise of options or vesting of restricted stock units that may be granted from time to time under the Company’s stock incentive plans, if any), (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Ordinary Shares or shares of any other capital stock or other securities of the Company from Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company which have in connection with the offer and sale of the Ordinary Shares that has not been duly waived with respect prior to the offering contemplated herebydate hereo, and (iiiiv) no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Securities Act any Common Ordinary Shares or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Placement Shares as contemplated thereby or otherwise, except for such rights as have been waived on or prior to the date hereof.

No Preferential Rights. Except as set forth in the Registration Statement or the Prospectus: (i) No no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Shares, upon the vesting of restricted stock units, Stock or upon the exercise of options or vesting of restricted stock units that may be granted from time to time under the Company’s stock incentive option plans, if any), ; (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the Company from the Company which that have not been duly waived with respect to respecting the offering contemplated hereby, ; (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Placement Shares; and (iiiiv) no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Securities Act any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Placement Shares as contemplated thereby or otherwise, except for such rights as have been waived on or prior to the date hereof.

No Preferential Rights. Except as set forth in the Registration Statement, the Prospectus and the Incorporated Documents: (i) No no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Shares, upon the vesting of restricted stock units, Stock or upon the exercise of options or vesting of restricted stock units that may be granted from time to time under the Company’s stock incentive option plans, if any), ; (ii) no Person has any preemptive rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the Company from the Company which that have not been duly waived with respect to respecting the offering contemplated hereby, ; (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Placement Shares; and (iiiiv) no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Securities Act any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Placement Shares as contemplated thereby or otherwise, except for such rights as have been waived on or prior to the date hereof.

No Preferential Rights. (i) No person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Shares, upon the vesting of restricted stock units, or upon the exercise of options or vesting of restricted stock units that may be granted from time to time under the Company’s stock incentive plans, if any), (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the Company from Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company which have not been duly waived in connection with respect to the offering contemplated herebyoffer and sale of the Common Stock, and (iiiiv) except as disclosed in the Registration Statement, the Time of Sale Prospectus or the Prospectus and as have been duly waived, no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Securities Act any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Offered Shares as contemplated thereby or otherwise, except for such rights as have been waived on or prior to the date hereof.

No Preferential Rights. Except as set forth in the Registration Statement, the March 2010 Financing Documents and the Prospectus, (i) No no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Shares, upon the vesting of restricted stock units, Stock or upon the exercise of options or vesting of restricted stock units that may be granted from time to time under the Company’s stock incentive option plans, if any), (ii) no Person has any preemptive rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the Company from the Company which have not been duly waived with respect to the offering contemplated hereby, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Stock, and (iiiiv) no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Securities Act any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Placement Shares as contemplated thereby or otherwise, except for such rights as have been waived on or prior to the date hereof.

No Preferential Rights. (i) No person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the 1933 Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common SharesStock, upon the vesting of restricted stock units, the conversion of convertible securities, or upon the exercise of options or vesting of restricted stock units other equity awards that may be granted from time to time under the Company’s stock equity incentive plans, if any), (ii) no Person has any preemptive rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the Company from the Company which have not been duly waived with respect to the offering contemplated hereby, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Placement Shares pursuant to this Agreement, and (iiiiv) no Person has the right, contractual or otherwise, to require the Company to register under the 1933 Securities Act any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Common Placement Shares as contemplated thereby or otherwise, except in each case for such rights as have been waived on or prior to the date hereof.