Common use of Stockholder and Management Arrangements Clause in Contracts

Stockholder and Management Arrangements. As of the date of this Agreement, none of Guarantor, Parent or Merger Sub or any of their respective Affiliates is a party to any Contract, or has authorized, made or entered into, or committed or agreed to enter into, any formal or informal arrangements or other understandings (whether or not binding) with any stockholder, director, officer, employee or other Affiliate of the Company or any of its Subsidiaries (a) relating to (i) this Agreement or the Merger; (ii) the Company; or (iii) the Surviving Corporation or any of its Subsidiaries, businesses or operations (including as to continuing employment) from and after the Effective Time; or (b) pursuant to which (i) any holder of Company Common Stock would be entitled to receive consideration of a different amount or nature than the Per Share Price in respect of such holder’s shares of Company Common Stock; or (ii) any holder of Company Common Stock has agreed to approve this Agreement or vote against any Superior Proposal, other than with respect to clause (a), the participation in the Equity Financing by any existing limited partner or other equity financing source of the Guarantors or any of their Affiliates.

Stockholder and Management Arrangements. As of the date of this Agreementhereof, none of GuarantorParent, Parent or Merger Sub Sub, or any of their respective Affiliates is a party to any Contract, or has authorized, made or entered into, or committed or agreed to enter into, any formal or informal arrangements or other understandings (whether or not binding) with any stockholderstockholder (other than any existing limited partner of the Guarantors or any of their Affiliates), director, officer, employee or other Affiliate of the Company or any of its Subsidiaries Group (a) relating to (i) this Agreement or the Merger; or (ii) the Company; or (iii) the Surviving Corporation or any of its Subsidiaries, businesses or operations (including as to continuing employment) from and after the Effective Time; or (b) pursuant to which any (i) any such holder of Company Common Stock would be entitled to receive consideration of a different amount or nature than the Per Share Price in respect of such holder’s shares of Company Common Stock; or (ii) any such holder of Company Common Stock has agreed to approve this Agreement or vote against any Superior Proposal; or (iii) such stockholder, director, officer, employee or other Affiliate of the Company other than with respect the Guarantors has agreed to clause (a)provide, directly or indirectly, equity investment to Parent, Merger Sub or the participation in the Equity Financing by Company to finance any existing limited partner or other equity financing source portion of the Guarantors or any of their AffiliatesMerger.

Stockholder and Management Arrangements. As of the date of this Agreementhereof, none of Guarantor, neither Parent or Merger Sub or nor any of their respective Affiliates is a party to any Contract, or has authorized, made or entered into, or committed or agreed to enter into, any formal or informal arrangements or other understandings (whether or not binding) with any stockholderstockholder (other than any existing limited partner of the Guarantors or any of their Affiliates), director, officer, employee or other Affiliate of the Company or any of its Subsidiaries Group (a) relating to (i) this Agreement or the Merger; or (ii) the Company; or (iii) the Surviving Corporation or any of its Subsidiaries, businesses or operations (including as to continuing employment) from and after the Effective Time; or (b) pursuant to which any (i) any such holder of Company Common Stock would be entitled to receive consideration of a different amount or nature than the Per Share Price in respect of such holder’s shares of Company Common Stock; or (ii) any such holder of Company Common Stock has agreed to approve this Agreement or vote against any Superior Proposal; or (iii) such stockholder, director, officer, employee or other Affiliate of the Company other than with respect the Guarantors has agreed to clause (a)provide, directly or indirectly, equity investment to Parent, Merger Sub or the participation in the Equity Financing by Company to finance any existing limited partner or other equity financing source portion of the Guarantors or any of their AffiliatesMerger.

Stockholder and Management Arrangements. As of the date of this AgreementAgreement Date, none of Guarantor, neither Parent or Merger Sub or nor any of their respective Affiliates is a party to any Contract, or has authorized, made or entered into, or committed or agreed to enter into, any formal or informal arrangements or other understandings (whether or not binding) with any stockholderstockholder (other than any existing limited partner of the Guarantor or any of its Affiliates), director, officer, employee or other Affiliate of the Company or any of its Subsidiaries Group (a) relating to (i) this Agreement Agreement, the Offer or the Merger; or (ii) the Company; or (iii) the Surviving Corporation or any of its Subsidiaries, businesses or operations (including as to continuing employment) from and after the Effective Time; or (b) pursuant to which any (i) any such holder of Company Common Stock would be entitled to receive consideration of a different amount or nature than the Per Share Price in respect of such holder’s shares of Company Common Stock; or (ii) any such holder of Company Common Stock has agreed to approve this Agreement or vote against any Superior Proposal; or (iii) such stockholder, director, officer, employee or other Affiliate of the Company other than with respect the Guarantor has agreed to clause (a)provide, directly or indirectly, equity investment to Parent, Merger Sub or the participation in the Equity Financing by Company to finance any existing limited partner or other equity financing source portion of the Guarantors Offer or any of their Affiliatesthe Merger.

Stockholder and Management Arrangements. As Except as set forth in Section 4.8 of the Company Disclosure Letter and the Voting Agreement, as of the date of this Agreementhereof, none of Guarantor, Parent or Merger Sub or any of their respective Affiliates its affiliates is a party to any Contract, or has authorized, made or entered into, or committed or agreed to enter into, any formal or informal arrangements or other understandings (whether or not binding) with any stockholder, director, officer, employee or other Affiliate affiliate of the Company or any of its Subsidiaries Company Subsidiary, in each case in their capacity as such, (a) relating to (i) this Agreement Agreement, the Merger or the Merger; (ii) the Companyother Transactions; or (iiiii) the Surviving Corporation or any of its Subsidiaries, businesses or operations (including as to continuing employment) from and after the Effective Time; or (b) pursuant to which any (i) any such holder of Company Common Stock would be entitled to receive consideration of a different amount or nature than the Per Share Price Merger Consideration in respect of such holder’s shares of Company Common Stock; or (ii) any such holder of Company Common Stock has agreed to approve this Agreement or vote against any Superior Proposal; or (iii) such stockholder, director, officer, employee or other than with respect affiliate of the Company or any of the Company Subsidiaries has agreed to clause (a)provide, directly or indirectly, equity investment to Guarantor, Parent or Merger Sub, the participation in the Equity Financing by any existing limited partner or other equity financing source of the Guarantors Company or any of their Affiliatesrespective affiliates to finance any portion of the Merger.