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

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the Series AA B Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise or 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 Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereofthis Agreement), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised or exchanged in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No ------------------------------------------------- holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA the Preferred Stock, Common Stock Shares or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as -45- such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Rights or any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of the Series AA A Preferred StockShares, any Common Stock Shares or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented therebyRights, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right or any Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereofof this Agreement), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate Rights, whether held in certificated or uncertificated form, shall have been exercised in accordance with the provisions hereofof this Agreement and the holder thereof shall have been recorded as the registered holder of the securities issued upon exercise or exchange of the Rights on the books of the Company or the transfer agent for such securities, as the case may be.

Right Certificate Holder Not Deemed a Stockholder. No ------------------------------------------------- holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder or other securityholder of the Company Corporation or of a securityholder of any other Person or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action or securityholder action, or to receive notice of meetings or other actions affecting stockholders or securityholders (except as provided in Section 25 24 hereof), or to receive dividends or subscription rights, or otherwise, except in any such case the rights, if any, in respect thereof provided by this Agreement, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereofhereof for such stock or other security.

Right Certificate Holder Not Deemed a Stockholder. No ------------------------------------------------- holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA the Preferred Stock, Common Stock Shares or any other securities of the Company Corporation which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company Corporation or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), or to receive dividends or other distributions or to exercise any preemptive or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate (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 Series AA Preferred Stock, Common Stock 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 Right Certificatesuch holder, as such, any of the rights of a stockholder of the Company or Company, including without limitation, any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), 26) or to receive dividends or subscription rights, or otherwise, 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 Stockholder. No ------------------------------------------------- holder, as ------------------------------------------------- such, of any Right Certificate (whether or not then evidenced by a Right Certificate) shall be entitled to vote, receive dividends or be deemed for any purpose to be the holder of Series AA Preferred StockShares, Common Stock 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 Right Certificatesuch holder, as such, any of the rights of a stockholder of the Company or Company, including without limitation any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), 26) or to receive dividends or subscription rights, or otherwise, 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 Stockholder. No ------------------------------------------------- holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders 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 stockholders (except as provided in Section 25 24 hereof), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, ------------------------------------------------- as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA the Preferred Stock, Common Stock Shares or any other securities of the Company Corporation which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company Corporation or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), or to receive dividends or other distributions or to exercise any preemptive or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or distributions or be deemed for any purpose the holder of Series AA Preferred Stock, the shares of Common Stock or any other securities or property of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company or Company, including, without limitation any right (i) to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or (ii) to give or withhold consent to any corporate action, or (iii) to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25 hereof24), or (iv) to receive dividends dividends, distributions or subscription rights, or (v) to institute, as a holder of Common Stock or other securities issuable on exercise of the Rights represented by any Right Certificate, any derivative action on behalf of the Company or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA the Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented therebythereby or delivery of securities following a Section 24 Redemption, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereofthis Agreement), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised or redeemed pursuant to a Section 24 Redemption in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder or other securityholder of the Company or of a securityholder of any other Person or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action or securityholder action, or to receive notice of meetings or other actions affecting stockholders or securityholders (except as provided in Section 25 hereof), or to receive dividends or subscription rights, or otherwise, except in any such case the rights, if any, in respect thereof provided by this Agreement, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereofhereof for such stock or other security.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or other distributions or be deemed for any purpose the holder of Series AA Preferred Stock, the Common Stock Shares or interests therein or any other securities of the Company which that may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereofthis Agreement), or to receive dividends or subscription rights, or otherwise, or to exercise preemptive rights (if any), until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, -------------------------------------------------- as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA the number of shares of Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders 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 stockholders (except as provided in Section 25 hereof25), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.

Right Certificate Holder Not Deemed a Stockholder. No holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive dividends or be deemed for any purpose the holder of Series AA Preferred Stock, Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder or other security holder of the Company Corporation or of a security holder of any other Person or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action or security holder action, or to receive notice of meetings or other actions affecting stockholders or security holders (except as provided in Section 25 24 hereof), or to receive dividends or subscription rights, or otherwise, except in any such case the rights, if any, in respect thereof provided by this Agreement, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereofhereof for such stock or other security.

Right Certificate Holder Not Deemed a Stockholder. No -------------- ------------------------------------------------- holder, as ------------------------------------------------- such, of any Right Certificate shall be entitled to vote, receive ------ dividends or be deemed for any purpose the holder of Series AA Preferred Stock, the Common Stock Shares or any other securities of the Company which may at any time be issuable on the exercise of the Rights represented thereby, nor shall anything contained herein or in any Right Certificate be construed to confer upon the holder of any Right Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to 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 stockholders (except as provided in Section 25 hereof), or to receive dividends or subscription rights, or otherwise, until the Right or Rights evidenced by such Right Certificate shall have been exercised in accordance with the provisions hereof.. Section 18 -