Common use of No Rights Agreement Clause in Contracts

No Rights Agreement. From the date hereof through such time during which the Investors together, collectively with their respective Affiliates, own in the aggregate at least 5% of the outstanding shares of Common Stock of the Company, the Company shall not enter into any poison pill agreement, shareholders’ rights plan or similar agreement that shall limit the rights of the Investor and its Affiliates and associates to hold any shares of Common Stock or acquire additional securities of the Company unless such poison pill agreement, shareholders’ rights plan or similar agreement grants an exemption or waiver to the Investors and their Affiliates and associates and any group in which any Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow any Investor and its Affiliates and associates to acquire such additional securities of the Company.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Brown Bernard A), Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/)

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No Rights Agreement. From the date hereof through such time during which the Investors together, collectively with their respective Affiliates, own in the aggregate Investor owns at least 5% of the outstanding shares of Common Stock of the Company, the Company shall not enter into any poison pill agreement, shareholders’ rights plan or similar agreement that shall limit the rights of the Investor and its Affiliates and associates to hold any shares of Common Stock or acquire additional securities of the Company unless such poison pill agreement, shareholders’ rights plan or similar agreement grants an exemption or waiver to the Investors Investor and their its Affiliates and associates and any group in which any the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow any the Investor and its Affiliates and associates to acquire such additional securities of the Company.

Appears in 3 contracts

Samples: Registration Rights Agreement (Cascade Bancorp), Registration Rights Agreement (Cascade Bancorp), Registration Rights Agreement (Cascade Bancorp)

No Rights Agreement. From the date hereof through such time during which the Investors together, collectively with their respective Affiliates, own in the aggregate Investor owns at least 5% of the outstanding shares of Common Stock of the Company, the Company shall not enter into any poison pill agreement, shareholders’ rights plan or similar agreement that shall limit the rights of the Investor and its his Affiliates and associates to hold any shares of Common Stock or acquire additional securities of the Company unless such poison pill agreement, shareholders’ rights plan or similar agreement grants an exemption or waiver to the Investors Investor and their his Affiliates and associates and any group in which any the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow any the Investor and its his Affiliates and associates to acquire such additional securities of the Company.

Appears in 2 contracts

Samples: Registration Rights Agreement (Cascade Bancorp), Securities Purchase Agreement (Cascade Bancorp)

No Rights Agreement. From the date hereof through such time during which the Investors togetherInvestor, collectively with their respective its Affiliates, own in the aggregate owns at least 5% of the outstanding shares of Common Stock of the Company, the Company shall not enter into any poison pill agreement, shareholders' rights plan or similar agreement that shall limit the rights of the Investor and its Affiliates and associates to hold any shares of Common Stock or acquire additional securities of the Company unless such poison pill agreement, shareholders' rights plan or similar agreement grants an exemption or waiver to the Investors Investor and their its Affiliates and associates and any group in which any the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow any the Investor and its Affiliates and associates to acquire such additional securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/)

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No Rights Agreement. From the date hereof through such time during which the Investors togethercollectively, collectively together with their respective Affiliates, own in the aggregate at least 5% of the outstanding shares of Common Stock of the Company, the Company shall not enter into any poison pill agreement, shareholders' rights plan or similar agreement that shall limit the rights of the Investor Investors and its their Affiliates and associates to hold any shares of Common Stock or acquire additional securities of the Company unless such poison pill agreement, shareholders' rights plan or similar agreement grants an exemption or waiver to the Investors and their Affiliates and associates and any group in which any Investor the Investors may become a member of, immediately effective upon execution of such plan or agreement that would allow any Investor the Investors and its their Affiliates and associates to acquire such additional securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/)

No Rights Agreement. From the date hereof through such time during which the Investors together, collectively with their respective Affiliates, own in the aggregate Investor owns at least 5% of the outstanding shares of Common Stock of the Company, the Company shall not enter into any poison pill agreement, shareholdersstockholders’ rights plan or similar agreement that shall limit the rights of the Investor and its his Affiliates and associates to hold any shares of Common Stock or acquire additional securities of the Company unless such poison pill agreement, shareholdersstockholders’ rights plan or similar agreement grants an exemption or waiver to the Investors Investor and their Affiliates his affiliates and associates and any group in which any the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow any the Investor and its his Affiliates and associates to acquire such additional securities of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cascade Bancorp), Securities Purchase Agreement (Cascade Bancorp)

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