Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the plan or in any way could be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.
Appears in 37 contracts
Samples: Securities Purchase Agreement (Dot Hill Systems Corp), Securities Purchase Agreement (Smartire Systems Inc), Securities Purchase Agreement (Smartire Systems Inc)
Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or or, to the knowledge of the Company, any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way 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 and the Purchasers.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Focus Enhancements Inc), Securities Purchase Agreement (Island Pacific Inc), Securities Purchase Agreement (Composite Technology Corp)
Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is is, solely as a result of purchasing Securities pursuant to this Agreement, an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem Corp)
Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or or, to the knowledge of the Company, any other Person that any Purchaser Investor is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents.
Appears in 1 contract
Samples: Securities Purchase Agreement (Roaming Messenger Inc)
Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or in any way could be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Hawker Pacific Aerospace)
Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser Holder is an "Acquiring Person" under the any such plan or in any way could be deemed to trigger the provisions of such plan by virtue of receiving Warrant Securities or Shares under the Transaction DocumentsSeries B Documents or the Series D Agreement.
Appears in 1 contract
Samples: Repurchase and Exchange Agreement (Aspen Technology Inc /De/)
Shareholders Rights Plan. In the event that a shareholders shareholders’ rights plan (or similar plan or arrangement) is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" “acquiring person” under the any such plan or in any way could be deemed to trigger the provisions of such plan solely by virtue of receiving Securities under the Transaction Documents, assuming for this purpose that such Purchaser does not otherwise acquire control of any other shares of Common Stock that would trigger the provisions of any such plan.
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