Non-Exercise of Appraisal Rights. In connection with the ---------------------------------- Required KRE Vote, the holders of no more than five percent of the outstanding shares of common stock of KRE shall have exercised the rights of dissenting shareholders under Section 262 of the Delaware General Corporation Law ("Dissenting Shares"); provided, however, that if more than five percent, but less than ten percent, of the shares of KRE common shares are Dissenting Shares ("Excess Shares"), KRI shall have the right, but not the obligation, to assume the liability for any Excess Payment (as hereinafter defined). In the event that KRI assumes the liability for
Non-Exercise of Appraisal Rights. The Shareholders have waived any rights that they may have to the appraisal of their Ordinary Shares of UK Company or any pre-emption rights, and by their signatures on this Agreement, hereby voluntarily agree not to ever exercise their appraisal rights as set forth in NRS 92.A.380 or any pre-emption rights as set out in the Companies Act 2006, and, to the fullest extent permitted by applicable law, hereby waive any rights (statutory or otherwise) to dissent from the Share Exchange and to seek the appraisal of the fair value of their respective Ordinary Shares of UK Company and to have such fair value paid to them in cash in lieu of the terms of this Agreement. If such waiver is determined to be invalid under Nevada law or the laws of England and Wales, then the Holding Company agrees to pay to such Shareholders of the acquired entity with appraisal rights the amount to which such Shareholders are entitled under the NRS Chapter 92A and the Companies Act 2006.
Non-Exercise of Appraisal Rights. The members of the LLCs have waived any rights that they may have to the appraisal of their member interests, and by their signatures on this Agreement, hereby voluntarily agree not to ever exercise their appraisal rights as set forth in Florida Statutes 605.1006 and, to the fullest extent permitted by applicable law, hereby waive any rights (statutory or otherwise) to dissent from the Share Exchange and seek the appraisal of the fair value of their respective member interests in the LLCs and to have such fair value paid to them in cash in lieu of the terms of this Agreement. If such waiver is determined to be invalid under Florida law, then the Holding Company agrees to to pay to any members of the acquired entity with appraisal rights the amount to which such members are entitled under the Florida Revised Limited Liability Company Act Sections 605.1006 and 605.1061-605.1072.
Non-Exercise of Appraisal Rights. The members of Coldchain have waived any rights that they may have to the appraisal of their member interests, and by their signatures on this Agreement, hereby voluntarily agree not to ever exercise their appraisal rights as set forth in Texas Business Organization Code § 10 and, to the fullest extent permitted by applicable law, hereby waive any rights (statutory or otherwise) to dissent from the Share Exchange and seek the appraisal of the fair value of their respective member interests in Coldchain and to have such fair value paid to them in cash in lieu of the terms of this Agreement. If such waiver is determined to be invalid under Texas law, then the Holding Company agrees to pay to any members of the acquired entity with appraisal rights the amount to which such members are entitled under the Texas Business Organization Code.
