Common use of Right Certificate Holder Not Deemed a Shareholder Clause in Contracts

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon any such holder, as such, any of the rights of a shareholder of the Company, including without limitation, any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, to give or withhold consent to any corporate action, to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) or to receive dividends or subscription rights until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the number of one one-hundredths of a share of Preferred Shares of the Company Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 24), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holderholder of any Right Certificate, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred Shares the shares of the Company Common Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 25 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred the Common Shares of the Company or interests therein or any other securities of the Company which that may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 25 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or distributions or be deemed for any purpose the holder of the Preferred Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) exchange of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as expressly provided in Section 26) this Agreement), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) exchanged in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the number of one-thousandths of a share of Preferred Shares of the Company Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 21), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holderholder of any Right or Right Certificate, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or other distributions or be deemed for any purpose the holder of Preferred Shares the number of the Company Units or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented evidenced thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 24 hereof), or to receive dividends dividends, distributions or subscription rights, or to exercise preemptive rights or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereofhereof and the Units or other securities shall have been issued in respect thereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the number of shares of Preferred Shares of the Company Stock or any interest therein or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors Directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) SECTION 26 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred Shares a share of the Company Capital Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight or Right Certificate, as such, any of the rights of a shareholder stockholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders stockholders (except as provided in Section 26) 24 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No ------------------------------------------------- holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of one one-thousandth of a share of Preferred Shares of the Company Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight or Right Certificate, as such, any of the rights of a shareholder stockholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders stockholders (except as provided in Section 26) 24 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, ------------------------------------------------- as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the Preferred Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 25 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred Shares, Common Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon any such holder, as such, any of the rights of a shareholder of the Company, including without limitation, limitation any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, to give or withhold consent to any corporate action, to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) or to receive dividends or subscription rights until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred Shares, Common Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon any such holder, as such, any of the rights of a shareholder of the Company, including without limitation, limitation any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, to give or withhold consent to any corporate action, to receive notice of meetings or other actions affecting shareholders (except as provided in Section 2625) or to receive dividends or subscription rights until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series A Preferred Shares of the Company Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereofthereof (except as provided in Section 7(f) hereof), or to give or withhold consent to any corporate actionaction (except as provided in Section 7(f) hereof), or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 24 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred Common Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon any such holder, as such, any of the rights of a shareholder of the Company, including without limitation, limitation any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, to give or withhold consent to any corporate action, to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) or to receive dividends or subscription rights until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holderholder of any Right Certificate, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the shares of Preferred Shares of the Company Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 25 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or other distributions or be deemed for any purpose the holder of Preferred the Common Shares, Class A Common Shares of the Company or Class B Common Shares or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 2625 hereof) or proceedings of the Company (except as provided herein), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Preferred the Common Shares or of the Company or any other securities of the Company which may at any time be issuable on the upon exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 24 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with Section 7 hereof or exchanged pursuant to the provisions of Section 11(p) hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the Preferred Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, thereby nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 24 Exhibit 4.1 RIGHTS AGREEMENTnutri21 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holderholder of any Right Certificate, as such, of any Right (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the Preferred Shares of the Company or any other securities of the Company which may at any time be issuable on upon the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 24 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof or exchanged pursuant to the provisions of Section 11.(o) hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the number of one-hundredths of a share of Preferred Shares of the Company Stock or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRight Certificate, as such, any of the rights of a shareholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders (except as provided in Section 26) 25 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Shareholder. No holder, as such, of any Right (whether or not then evidenced by a Right Certificate) Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the Preferred Shares of the Company or any other securities of the Company which may at any time be issuable on the exercise (or mandatory redemption and exchange) of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any such holderRights evidenced by either a certificate for Common Shares or by any Right Certificate, as such, any of the rights of a shareholder Stockholder of the Company, including without limitation, Company or any right to vote for the election of directors or upon any matter submitted to shareholders Stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting shareholders Stockholders (except as provided in Section 26) 25 hereof), or to receive dividends or subscription rights rights, or otherwise, until the Right or Rights evidenced by such certificate for Common Shares or Right Certificate shall have been exercised (or mandatorily redeemed and exchanged) in accordance with the provisions hereof.