Waiver of Appraisal and Dissenters’ Rights and Actions. Stockholder hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that Stockholder may have and (b) agrees not to commence or participate in, and agrees to take all actions necessary to opt out of any Subject Litigation.
Appears in 6 contracts
Samples: Tender and Support Agreement (Soundbite Communications Inc), Tender and Support Agreement (Soundbite Communications Inc), Tender and Support Agreement (Soundbite Communications Inc)
Waiver of Appraisal and Dissenters’ Rights and Actions. Stockholder hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that Stockholder may have and (b) agrees not to commence or participate in, and agrees to take all actions necessary to opt out of any Subject Litigationclass in any class action with respect to, any claim, derivative or otherwise, against Parent, Purchaser, the Company or any of their respective successors challenging the validity of, or seeking to enjoin the operation of, any provision of this Agreement or the Merger Agreement or the consummation of the Offer or the Merger.
Appears in 2 contracts
Samples: Tender and Support Agreement (Merck & Co. Inc.), Tender and Support Agreement (Warburg Pincus Private Equity IX, L.P.)