Common use of No Rights Agreement Clause in Contracts

No Rights Agreement. From the date hereof through such time during which the 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 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 Investor and his Affiliates and associates and any group in which the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow the Investor and his Affiliates and associates to acquire such additional securities of the Company.

No Rights Agreement. From the date hereof through such time during which the 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 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 Investor and his Affiliates affiliates and associates and any group in which the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow the Investor and his Affiliates and associates to acquire such additional securities of the Company.

No Rights Agreement. From the date hereof through such time during which the Investor Investor, collectively with its Affiliates, 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 his 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 Investor and his its Affiliates and associates and any group in which the Investor may become a member of, immediately effective upon execution of such plan or agreement that would allow the Investor and his its Affiliates and associates to acquire such additional securities of the Company.