Rights of Stockholders. Subject to the provisions of Sections 6(l) and 8 ---------------------- 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 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 10 contracts
Samples: Concurrent Computer Corp/De, Concurrent Computer Corp/De, Concurrent Computer Corp/De
Rights of Stockholders. Subject to the provisions Sections 10, 12 and 14 of Sections 6(l) and 8 ---------------------- hereofthis Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Series B Convertible 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 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: SPS Commerce Inc, SPS Commerce Inc
Rights of Stockholders. Subject to the provisions Section 10 of Sections 6(l) and 8 ---------------------- hereofthis Warrant, the Holder Holder, in its capacity as such, shall not be entitled to vote or receive dividends or be deemed the holder of Common Stock the 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 Company, such as 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 otherwise, until the this Warrant shall have has been exercised as provided hereinin Section 4(a) hereof.
Appears in 2 contracts
Samples: Ceres, Inc., Ceres, Inc.
Rights of Stockholders. Subject to the provisions Sections 10 and 12 of Sections 6(l) and 8 ---------------------- hereofthis 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 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: Agreement (Ratexchange Corp), Agreement (Ratexchange Corp)
Rights of Stockholders. Subject to the provisions Sections 8 and 10 of Sections 6(l) and 8 this Warrant, ---------------------- hereof, 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 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: Critical Path Inc, Critical Path Inc
Rights of Stockholders. Subject to the provisions Section 9 and 11 of Sections 6(l) and 8 this Warrant, ---------------------- 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: Tomen Corp, Tomen Corp
Rights of Stockholders. Subject to the provisions Sections 9 and 11 of Sections 6(l) and 8 this Warrant, ---------------------- hereof, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Series I 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 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: Logicvision Inc
Rights of Stockholders. Subject to the provisions of Sections 6(l7(l) and 8 ---------------------- 9 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 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: Common Stock and Warrant Purchase Agreement (Seachange International Inc)
Rights of Stockholders. Subject to the provisions Sections 9 and 11 of Sections 6(l) and 8 this Warrant, ---------------------- hereof, 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 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: Kana Communications Inc
Rights of Stockholders. Subject to the provisions Sections 9 and 11 of Sections 6(l) and 8 this Warrant, ---------------------- 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 meetingsmeeting, or to receive dividends or subscription rights or otherwise until the Warrant shall have been exercised as provided herein.
Appears in 1 contract
Samples: Petsmart Com Inc
Rights of Stockholders. Subject to the provisions Sections 9 and 11 of Sections 6(l) and 8 ---------------------- hereofthis Warrant, 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 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: Wind Up Agreement (Oakhurst Co Inc)
Rights of Stockholders. Subject to the provisions Sections 10, 12, 13 and 14 of Sections 6(l) and 8 ---------------------- hereofthis Warrant, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of Common Series B-1 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 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: Enernoc Inc