Common use of Prior Votes Clause in Contracts

Prior Votes. If Seller has already voted in connection with any such Business Combination or amendment to the Certificate of Incorporation, Seller shall either (i) withdraw and revoke its vote in favor of such Business Combination and amendment to the Certificate of Incorporation with respect to the Shares or (ii) continue to vote the Shares, against any Business Combination or amendment to the Certificate of Incorporation; provided, further, that in all applicable cases, Seller shall exercise, or continue to exercise, its Redemption Rights in accordance with the proxy statement(s).

Appears in 3 contracts

Samples: Option Purchase Agreement (Malibu Partner LLC), Option Purchase Agreement (Malibu Partner LLC), Option Purchase Agreement (Malibu Partner LLC)

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Prior Votes. If Seller has already voted in connection with any such Business Combination or amendment to the Certificate of Incorporation, Seller shall either (i) withdraw and revoke its vote in favor of such Business Combination and amendment to the Certificate of Incorporation with respect to the Shares or (ii) continue to vote the Shares, against any Business Combination or amendment to the Certificate of Incorporation; provided, further, that in all applicable cases, Seller shall exercise, or continue to exercise, its Redemption Rights in accordance with the proxy statement(s).. CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***”

Appears in 1 contract

Samples: Option Purchase Agreement (Malibu Partner LLC)

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Prior Votes. If Seller has already voted in connection with any such Business Combination or amendment to the Certificate of Incorporation, Seller shall either (i) withdraw and revoke its vote in favor of such Business Combination and or amendment to the Certificate of Incorporation with respect to the Shares or (ii) continue to vote the Shares, against any Business Combination or amendment to the Certificate of Incorporation; provided, further, that in all applicable cases, Seller shall exercise, or continue to exercise, its Redemption Rights in accordance with the proxy statement(s).. CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***”

Appears in 1 contract

Samples: Option Purchase Agreement (Malibu Partner LLC)

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