Common use of Rights of Stockholders Clause in Contracts

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 22 contracts

Samples: Warrant Agreement (Egain Communications Corp), Warrant Agreement (Egain Communications Corp), Warrant Agreement (Egain Communications Corp)

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Rights of Stockholders. Subject to Sections 9 and 11 Section 10 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 6 contracts

Samples: Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc), Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc), Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, ---------------------- the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 6 contracts

Samples: Warrant Agreement (LLR Equity Partners Lp), Warrant Agreement (LLR Equity Partners Lp), Warrant Agreement (Opinion Research Corp)

Rights of Stockholders. Subject to Sections 8 and 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Tyme Technologies, Inc.), Securities Acquisition Agreement (Tyme Technologies, Inc.), Securities Purchase Agreement (Tyme Technologies, Inc.)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 3 contracts

Samples: Warrant Agreement (Mti Technology Corp), Warrant Agreement (Mti Technology Corp), Warrant Agreement (Mti Technology Corp)

Rights of Stockholders. Subject to Sections 9 and 11 of this ---------------------- Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 3 contracts

Samples: Warrant Agreement (Tvia Inc), Warrant Agreement (LLR Equity Partners Lp), Warrant Agreement (Opinion Research Corp)

Rights of Stockholders. Subject to Sections 9 and 11 No holder of this WarrantWarrant shall be entitled, the Holder shall not be entitled as a warrant- holder, to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holderholder of this Warrant, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided hereinexercised.

Appears in 3 contracts

Samples: Warrant Agreement (Sparking Events, Inc.), Warrant Agreement (Sparking Events, Inc.), Warrant Agreement (Sparking Events, Inc.)

Rights of Stockholders. Subject to Sections 9 and 11 Except as expressly set forth in Section 7 hereof, no holder of this WarrantWarrant shall be entitled, the Holder shall not be entitled as a Warrant holder, to vote or receive dividends or be deemed the holder of Common Stock the Shares or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holderholder of this Warrant, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided hereinexercised.

Appears in 3 contracts

Samples: Warrant Agreement (Liquidia Technologies Inc), Warrant Agreement (Liquidia Technologies Inc), Warrant to Purchase Common Stock (Selecta Biosciences Inc)

Rights of Stockholders. Subject to the provisions of Sections 9 6 and 11 of this Warrant8 hereof, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, conveyance or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 2 contracts

Samples: Warrant Agreement (Worldgate Communications Inc), Warrant Agreement (Worldgate Communications Inc)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (action, whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) , or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 2 contracts

Samples: Warrant Agreement (Triumph Fuels Corp), Warrant Agreement (Triumph Fuels Corp)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, until this Warrant shall have been exercised as provided herein, the Holder Holder, as such, shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided hereinotherwise.

Appears in 2 contracts

Samples: Brokerage Agreement (Ratexchange Corp), Brokerage Agreement (Ratexchange Corp)

Rights of Stockholders. Subject to Sections Section 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Preferred Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Warrant Agreement (Miktam Technologies Americas Inc.)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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, thereof or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the this Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Consulting Agreement (United Heritage Corp)

Rights of Stockholders. Subject to Sections 9 and 11 No holder of this WarrantWarrant shall be entitled, the Holder shall not be entitled as a Warrant holder, to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holderholder of this Warrant, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.the

Appears in 1 contract

Samples: Asset Purchase Agreement (Cybermedia Inc)

Rights of Stockholders. Subject to the provisions of Sections 7 and 9 and 11 of this Warranthereof, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, conveyance or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Warrant Agreement (Worldgate Communications Inc)

Rights of Stockholders. Subject to Sections 9 and 11 the terms of this WarrantOption, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant Option shall have been exercised as provided herein.

Appears in 1 contract

Samples: Option to Purchase Common Stock (Gs Agrifuels Corp)

Rights of Stockholders. Subject to Sections 9 8 and 11 10 of this WarrantOption, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant Option shall have been exercised as provided herein.

Appears in 1 contract

Samples: Option Agreement (Lightpath Technologies Inc)

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Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Series D Preferred Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Warrant Agreement (Salesforce Com Inc)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Series C Preferred Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Warrant Agreement (Salesforce Com Inc)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par 3 value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Warrant Agreement (Unico Inc /Nm/)

Rights of Stockholders. Subject to Sections 9 Section 11 and 11 13 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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, thereof or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the this Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Prospect Global Resources Inc.)

Rights of Stockholders. Subject to Sections 9 and 11 No holder of this WarrantWarrant shall be entitled, the Holder shall not be entitled as a warrant-holder, to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holderholder of this Warrant, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided hereinexercised.

Appears in 1 contract

Samples: Warrant Agreement (Med Control)

Rights of Stockholders. Subject to Sections 9 and 11 No holder of this WarrantWarrant shall be entitled, the Holder shall not be entitled as a Warrant holder, to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holderholder of this Warrant, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.,

Appears in 1 contract

Samples: Asset Purchase Agreement (Cybermedia Inc)

Rights of Stockholders. Subject to Sections 9 and 11 No holder of this WarrantWarrant shall be entitled, the Holder shall not be entitled as a Warrant holder, to vote or receive dividends or be deemed the holder of Common Stock the Shares or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the HolderHolder of this Warrant, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided hereinin Section 3 of this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (MultiCell Technologies, Inc.)

Rights of Stockholders. Subject to Sections 9 11 and 11 13 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: Warrant Agreement (Zilog Inc)

Rights of Stockholders. Subject to Sections 9 and 11 of this Warrant, the The Holder shall not be entitled to vote or receive dividends or subscription rights (including any pro rata participation or subscription rights) or be deemed the holder of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof of this Warrant for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, Holder 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 (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or with respect to receive notice of meetings, or to receive dividends or subscription rights or otherwise the Warrant Shares until the this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise of this Warrant shall have become deliverable, as provided hereinin Section 1(b).

Appears in 1 contract

Samples: Warrant Agreement (Gi Dynamics, Inc.)

Rights of Stockholders. Subject to Sections 9 10 and 11 12 of this Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, 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, thereof or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the this Warrant shall have been exercised as provided herein.

Appears in 1 contract

Samples: 8.5% Senior Secured Convertible Debenture and Warrant Purchase Agreement (Glen Rose Petroleum CORP)

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