Provisions Concerning Company Common Stock. Each Stockholder hereby agrees that during the period commencing on the date hereof and continuing until the first to occur of (i) the Effective Time and (ii) the termination of this Agreement pursuant to Section 8, at any meeting of the holders of Company Common Stock, however called, or in connection with any written consent of the holders of Company Common Stock, such Stockholder shall vote (or cause to be voted) the Shares owned by such Stockholder whether issued, heretofore owned or hereafter acquired, (i) in favor of the Merger and each of the other actions contemplated by the Merger Agreement and this Agreement and any actions required in furtherance thereof and hereof; (ii) against any action or agreement that would result in a breach in any respect of any (1) any change in a majority of the persons who constitute the board of directors of the Company; (2) any change in the present capitalization of the Company or any amendment of Company's Certificate of Incorporation or By-laws; (3) any other material change in the Company's corporate structure or business; or (4) any other action involving the Company or its subsidiaries which is intended, or could reasonably be expected, to impede, interfere with, delay, postpone, or materially adversely affect the Share Purchase, the Merger and the transactions contemplated by this Agreement and the Merger Agreement. No Stockholder shall enter into any agreement or understanding with any Person or entity the effect of which would be to violate the provisions and agreements contained in this Section 3.
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Samples: Stockholder Agreement (Union Corp), Share Purchase Agreement (Sherman Acquisition Corp)
Provisions Concerning Company Common Stock. Each Stockholder (a) CI hereby agrees that during the period commencing on the date hereof and continuing until the first to occur of (i) the Effective Time and (ii) the or termination of this the Merger Agreement pursuant to Section 8in accordance with its terms, at any meeting of the holders of Company Common Stock, however called, or in connection with any written consent of the holders of Company Common Stock, such Stockholder CI shall in its capacity as a holder of Company Common Stock and subject to Section 5, vote (or cause to be voted) the Shares owned by such Stockholder whether issued, heretofore owned or hereafter acquired, (i) in favor all of the Merger issued and each outstanding Shares held of the other actions contemplated by the Merger Agreement and this Agreement and any actions required in furtherance thereof and hereof; (ii) against any action or agreement that would result in a breach in any respect of anyrecord or
(1) any change in a majority of the persons who constitute the board of directors of the Company; (2) any change in the present capitalization of the Company or any amendment of the Company's Certificate of Incorporation or By-lawsBylaws; (3) any other material change in the Company's corporate structure or business; or (4) any other action involving the Company or its subsidiaries Subsidiaries which is intended, or could reasonably be expected, to impede, interfere with, delay, postpone, or materially adversely affect the Share Purchase, the Merger and the transactions contemplated by this Agreement and the Merger Agreement. No Stockholder , and during such period, CI shall not enter into any agreement or understanding with any Person person or entity the effect of which would be to violate inconsistent with or violative of the provisions and agreements contained in this Section 32.
(b) Section 2(a) is for the benefit of, and may not be amended or waived without the prior written consent of, the Company.
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Provisions Concerning Company Common Stock. Each Stockholder hereby agrees that that, during the period commencing on the date hereof and continuing until the first to occur of (i) the Effective Time and (ii) the or termination of this Agreement pursuant to Section 8Agreement, at any meeting of the holders of Company Common Stock, however called, or in connection with any written consent of the holders of Company Common Stock, such Stockholder shall vote (or cause to be voted) the Shares owned by number of shares of Company Common Stock (collectively with the associated Company Rights, the "Shares") set forth opposite such Stockholder whether issued, heretofore owned or hereafter acquired, Stockholder's name on Schedule 1 hereto (i) in favor of the Merger and each of the other actions contemplated by the Merger Agreement and this Agreement and any actions required in furtherance thereof and hereof; (ii) against any action or agreement that would result in a breach in any respect of anycollectively with the
(1) any change in a majority of the persons who constitute the board of directors of the Company; (2) any change in the present capitalization of the Company or any amendment of the Company's Certificate of Incorporation or By-lawsBylaws; (3) any other material change in the Company's corporate structure or business; or (4) any other action involving the Company or its subsidiaries Subsidiaries which is intended, or could reasonably be expected, to impede, interfere with, delay, postpone, or materially adversely affect the Share Purchase, the Merger and the transactions contemplated by this Agreement and the Merger Agreement. No Each Stockholder agrees that it shall not enter into any agreement or understanding with any Person person or entity the effect of which would be to violate the provisions and agreements contained in this Section 32.
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Samples: Stockholders Agreement (Kash N Karry Food Stores Inc)
Provisions Concerning Company Common Stock. Each Stockholder hereby agrees that that, during the period commencing on the date hereof and continuing until the first to occur of (i) the Effective Time and (ii) the or termination of this Agreement pursuant to Section 8Agreement, at any meeting of the holders of Company Common Stock, however called, or in connection with any written consent of the holders of Company Common Stock, such Stockholder shall vote (or cause to be voted) the number of shares of Company Common Stock (collectively with the associated Company Rights, the "Shares") set forth opposite such Stockholder's name on Schedule 1 hereto (collectively with the associated Company Rights, the "Existing Shares") and any Shares owned acquired by such Stockholder whether issuedafter the date hereof (collectively with the Existing Shares, heretofore owned or hereafter acquired, the "Option Shares"): (i) in favor of the Merger and each of the other actions contemplated by the Merger Agreement and this Agreement and any actions required in furtherance thereof and hereof; (ii) against any action or agreement that would result in a breach in any respect of anythe
(1) any change in a majority of the persons who constitute the board of directors of the Company; (2) any change in the present capitalization of the Company or any amendment of the Company's Certificate of Incorporation or By-lawsBylaws; (3) any other material change in the Company's corporate structure or business; or (4) any other action involving the Company or its subsidiaries Subsidiaries which is intended, or could reasonably be expected, to impede, interfere with, delay, postpone, or materially adversely affect the Share Purchase, the Merger and the transactions contemplated by this Agreement and the Merger Agreement. No Each Stockholder agrees that it shall not enter into any agreement or understanding with any Person person or entity the effect of which would be to violate the provisions and agreements contained in this Section 32.
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