Common use of Termination of Standstill Provisions Clause in Contracts

Termination of Standstill Provisions. The provisions of Sections 4.01 and 4.02 of this Agreement shall terminate without any further action by any party upon the earlier of: (i) the second (2nd) anniversary of the receipt of the Stockholder Approval; (ii) such date as the Board determines to solicit, or publicly announces, whether by press release, filing with the SEC or otherwise, its intention to solicit, an Acquisition Proposal; (iii) such date as the Board publicly approves, accepts, authorizes or recommends to the Company’s stockholders their approval of, or their conveyance of any Common Stock or other securities pursuant to, any Acquisition Proposal; (iv) such date that the Company or any affiliate thereof has entered into a letter of intent, agreement in principle, definitive agreement or any other agreement with any party, with respect to an Acquisition Proposal for the Company; and (v) such date that any person or group, other than the Investor or any of its affiliates, shall have acquired or announced its intention to acquire, including by commencement of a tender offer or exchange offer, beneficial ownership of twenty percent (20%) of the Company’s outstanding Common Stock.

Termination of Standstill Provisions. The provisions of Sections 4.01 and 4.02 of this Agreement shall terminate without any further action by any party upon the earlier of: (i) the second (2nd) anniversary of the receipt date of the Stockholder Approvalthis Agreement; (ii) such date as the Board determines to solicit, or publicly announces, whether by press release, filing with the SEC or otherwise, its intention to solicit, an Acquisition Proposal; (iii) such date as the Board publicly approves, accepts, authorizes or recommends to the Company’s stockholders their approval of, or their conveyance of any Common Stock or other securities pursuant to, any Acquisition Proposal; (iv) such date that the Company or any affiliate thereof has entered into a letter of intent, agreement in principle, definitive agreement or any other agreement with any party, with respect to an Acquisition Proposal for the Company; and; (v) such date that any person or group, other than the Investor NH (or any of its affiliates) or the Investor (or any of its affiliates), shall have acquired or announced its intention to acquire, including by commencement of a tender offer or exchange offer, beneficial ownership of twenty percent (20%) of the Company’s outstanding Common Stock; and (iv) the date of the Stockholders’ Meeting, in the event that the Company fails to obtain Stockholder Approval at such meeting.

Termination of Standstill Provisions. The provisions of Sections 4.01 and 4.02 of this Agreement shall terminate without any further action by any party upon the earlier of: (i) the second (2nd) anniversary of the receipt of the Stockholder ApprovalDecember 31, 2013; (ii) such date as the Board determines to solicit, or publicly announces, whether by press release, filing with the SEC or otherwise, its intention to solicit, an Acquisition Proposal; (iii) such date as the Board publicly approves, accepts, authorizes or recommends to the Company’s 's stockholders their approval of, or their conveyance of any Common Stock or other securities pursuant to, any Acquisition Proposal; (iv) such date that the Company or any affiliate thereof has entered into a letter of intent, agreement in principle, definitive agreement or any other agreement with any party, with respect to an Acquisition Proposal for the Company; and; (v) such date that any person or group, other than the Investor (or any of its affiliates), shall have acquired or announced its intention to acquire, including by commencement of a tender offer or exchange offer, beneficial ownership of twenty percent (20%) of the Company’s 's outstanding Common Stock.