Common use of Shareholders Rights Plan Clause in Contracts

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedPurchasers.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Issuable Shares under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving the Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person person that the Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Lender is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Lender could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and InvestorLender. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investorthe Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that each Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 19401040, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 19401040, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Preferred Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person Person, that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor or any Affiliate of Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Series C Preferred Stock, Shares, Warrants, Warrant Shares, or Dividend Shares (if applicable) or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities the Preferred Shares under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Debentures, Warrants, Additional Warrants or Underlying Shares or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that any Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Preferred, Shares, Warrants or Warrant Shares or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities or Warrant Shares under the Transaction Documents or under any other agreement between the Company and Investorthe Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents this Agreement or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge Knowledge of the Company, any other Person that Investor is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.amended.5.5

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to that the knowledge of the Company, any other Person that Investor is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or which may be hereafter adopted by the Company, or that the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents Shares hereunder or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the ------------------------ Company or, to the knowledge of the Company, any other Person that Investor any Purchaser is an “Acquiring an"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor any Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investorthe Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedAct.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, or any other Person person that Investor is an “"Acquiring Person” " under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Registrable Securities under the Transaction Documents Note, Warrant or under any other agreement between the Company and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders 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 Investor is an “Acquiring Person” under any shareholders 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 Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents or under any other agreement between the Company and Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amendedInvestors.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Series I Preferred Stock under the Transaction Documents this Agreement or under any other agreement between the Company and InvestorPurchaser. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.

Shareholders Rights Plan. No claim will be made or enforced by the Company or, to the knowledge of the Company, any other Person that Investor Purchaser is an “Acquiring Person” under any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, in either such case, by virtue of receiving Securities Shares under the Transaction Documents or under any other agreement between the Company and InvestorPurchaser. The Company shall will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940, as amended.