Common use of Shareholder Rights Plan Clause in Contracts

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Purchaser is an “Acquiring Person” under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Purchaser Investor is an “Acquiring Person” under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investors. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser Investor is an “Acquiring Personacquiring person” under any shareholder shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving any of the Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser the Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities the Convertible Debentures (or the underlying Common Shares) under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Exchange Securities under the Transaction Documents. The Exchange Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser the Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person person, that any Purchaser the Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that any Purchaser the Lender is an “"Acquiring Person” " under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Lender could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Lender. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser the Investors, individually or collectively, is or are an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Investors, individually or collectively, could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand any Investor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Purchaser Holder is an “Acquiring Person” under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Holder could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Holders. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company, the Holding Company or, to the knowledge of the Company or the Holding Company, any other Person that any Purchaser is an “"Acquiring Person” " under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company or the Holding Company, or that any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction DocumentsDocuments or under any other agreement between the Company, the Holding Company and the Purchasers. The Holding Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Purchaser Lender is an “Acquiring Person” under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Lender could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities the Note under the Transaction DocumentsDocuments or under any other agreement between the Company and the Lender. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser the Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Exchange Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser could Investor would be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities the Shares and the Make Up Shares under the Transaction Documents. The Documents or under any other agreement between the Company shall conduct its business in a manner so that it will not become subject to and the Investment Company ActInvestors.

Shareholder Rights Plan. (a) No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that any Purchaser Investor is an “Acquiring Personacquiring person” under any shareholder rights right plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Convertible Preferred Stock or the Warrant under this Agreement or under any other agreement between the Transaction DocumentsCompany and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person Person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Securities, as applicable, under the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that any Purchaser is an “the Purchasers are "Acquiring Person” Persons" under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser the Purchasers could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company Corporation or, to the knowledge of the CompanyCorporation, any other Person person that any Purchaser either Investor is an “Acquiring Person” under any shareholder rights plan or similar plan or arrangement in effect or hereafter adopted by the CompanyCorporation, or that any Purchaser either Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving the ownership or any future acquisition of Registrable Securities under this Agreement or any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to Corporation and the Investment Company ActInvestors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, to with the knowledge consent of the Company, any other Person person, that any Purchaser Investor is an “Acquiring Person” under any shareholder control share acquisition, business combination, poison pill (including any distribution under a rights plan agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under this Agreement or under any other agreement between the Transaction Documents. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Actand Investors.