Rights of First Refusal. Solely in connection with the tender and purchase of Company Shares pursuant to the Offer and the consummation of the Merger, the Company hereby waives any and all rights of first refusal it may have with respect to Company Shares owned by, or issuable to, any Person, other than rights to repurchase unvested shares, if any, that may be held by Persons pursuant to the grant of restricted stock purchase rights or following exercise of employee stock options.
Appears in 9 contracts
Samples: Acquisition Agreement (Salesforce Com Inc), Acquisition Agreement (ExactTarget, Inc.), Merger Agreement (Portal Software Inc)
Rights of First Refusal. Solely in connection with with, and subject to (i) the consummation of the tender and purchase of Company Shares pursuant to the Offer and (ii) the consummation of the Merger, the Company hereby waives any and all rights of first refusal it may have with respect to Company Shares owned by, or issuable to, any Person, other than rights to repurchase unvested shares, if any, that may be held by Persons pursuant to the grant of restricted stock purchase rights or following exercise of employee stock options.
Appears in 3 contracts
Samples: Acquisition Agreement (Dot Hill Systems Corp), Acquisition Agreement (Ca, Inc.), Acquisition Agreement (Rally Software Development Corp)
Rights of First Refusal. Solely in connection with the tender and purchase of Company Shares tendered pursuant to the Offer and the consummation of the Merger, the Company hereby waives any and all rights of first refusal it may have with respect to Company Shares owned by, or issuable to, any Person, other than rights to repurchase unvested shares, if any, that may be held by Persons pursuant to the grant of restricted stock purchase rights or following exercise of employee stock options.
Appears in 3 contracts
Samples: Merger Agreement (Lattice Semiconductor Corp), Merger Agreement (Sandisk Corp), Merger Agreement (Fusion-Io, Inc.)
Rights of First Refusal. Solely in connection with the tender and purchase of shares of Company Shares Common Stock pursuant to the Offer and the consummation of the Merger, the Company hereby waives any and all rights of first refusal it may have with respect to shares of Company Shares Common Stock owned by, or issuable to, any Person, other than rights to repurchase unvested shares, if any, that may be held by Persons pursuant to the grant of restricted stock purchase rights or following the exercise of employee stock options.
Appears in 2 contracts
Samples: Merger Agreement (Cognos Inc), Merger Agreement (Applix Inc /Ma/)
Rights of First Refusal. Solely in connection with and subject to the consummation of the tender and purchase of Company Shares pursuant to the Offer and the consummation of the Merger, the Company hereby waives any and all rights of first refusal it may have with respect to Company Shares owned by, or issuable to, any Person, other than rights to repurchase unvested shares, if any, that may be held by Persons pursuant to the grant of restricted stock purchase rights or following exercise of employee stock options.
Appears in 2 contracts
Samples: Merger Agreement (Exar Corp), Merger Agreement (Maxlinear Inc)
Rights of First Refusal. Solely in connection with the tender and purchase of Company Shares pursuant to the Offer and the consummation of the MergerMerger in accordance with this Agreement, the Company hereby waives any and all rights of first refusal it may have with respect to Company Shares owned by, or issuable to, any Person, other than rights to repurchase unvested shares, if any, that may be held by Persons pursuant to the grant of restricted stock purchase rights or following exercise of employee stock options.
Appears in 2 contracts
Samples: Merger Agreement (Polycom Inc), Merger Agreement (Spectralink Corp)
