Common use of Waiver of Appraisal and Dissenters’ Rights and Actions Clause in Contracts

Waiver of Appraisal and Dissenters’ Rights and Actions. The Stockholder Party hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that the Stockholder Party may have and (b) agrees not to commence or participate in, and to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, (i) against the Company, any of its Representatives or any of its successors, including claims relating to the negotiation, execution, or delivery of this letter agreement or the Merger Agreement, the consummation of the Offer or the Merger, including any claim alleging a breach of any fiduciary duty of the Company Board in connection with the Merger Agreement, the consummation of the Offer or the Merger or the other transactions contemplated thereby, or (ii) challenging the validity of or seeking to enjoin the operation of any provision of this letter agreement. The waiver contained in this Section 6 will be absolute and perpetual.

Waiver of Appraisal and Dissenters’ Rights and Actions. The Stockholder Party hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that the Stockholder Party may have and (b) agrees not to commence or participate in, and to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, (i) against the Company, any of its their respective Representatives or any of its successors, including claims their respective successors relating to the negotiation, execution, or delivery of this letter agreement or the Merger Agreement, the consummation of the Offer or the Merger, including any claim alleging a breach of any fiduciary duty of the Company Board in connection with the negotiation, execution, or delivery of the Merger Agreement, the consummation of the Offer or the Merger or the other transactions contemplated therebyMerger, or (ii) challenging the validity of or seeking to enjoin the operation of any provision of this letter agreement. The Subject to Section 7 hereof, the waiver contained in this Section 6 5 will be absolute and perpetual. The Company and its directors, officers and other Representatives are intended third-party beneficiaries of this Section 5.

Waiver of Appraisal and Dissenters’ Rights and Actions. The Stockholder Party hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that the Stockholder Party may have and (b) agrees not to commence or participate in, and to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, (i) against the Company, any of its their respective Representatives or any of its successors, including claims their respective successors relating to the negotiation, execution, or delivery of this letter agreement or the Merger Agreement, the consummation of the Offer or the Merger, including any claim alleging a breach of any fiduciary duty of the Company Board in connection with the negotiation, execution, or delivery of the Merger Agreement, the consummation of the Offer or the Merger or the other transactions contemplated therebyMerger, or (ii) challenging the validity of or seeking to enjoin the operation of any provision of this letter agreement. The Subject to Section 6 hereof, the waiver contained in this Section 6 4 will be absolute and perpetual. The Company and its directors, officers and other Representatives (other than the Stockholder Party) are intended third-party beneficiaries of this Section 4.

Waiver of Appraisal and Dissenters’ Rights and Actions. The Such Stockholder Party hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that the such Stockholder Party may have and (b) agrees not to commence or participate in, and to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, (i) against the Company, any of its their respective Representatives or any of its successors, including claims their respective successors relating to the negotiation, execution, or delivery of this letter agreement or the Merger Agreement, the consummation of the Offer or the Merger, including any claim alleging a breach of any fiduciary duty of the Company Board in connection with the negotiation, execution, or delivery of the Merger Agreement, the consummation of the Offer or the Merger or the other transactions contemplated therebyMerger, or (ii) challenging the validity of or seeking to enjoin the operation of any provision of this letter agreement. The Subject to Section 8 hereof, the waiver contained in this Section 6 will be absolute and perpetual.

Waiver of Appraisal and Dissenters’ Rights and Actions. The Stockholder Party hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that the Stockholder Party may have and (b) agrees not to commence or participate in, and to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, (i) against the Company, any of its their respective Representatives or any of its successors, including claims their respective successors relating to the negotiation, execution, or delivery of this letter agreement or the Merger Agreement, Agreement or the consummation of the Offer or the Merger, including any claim alleging a breach of any fiduciary duty of the Company Board in connection with the negotiation, execution, or delivery of the Merger Agreement, Agreement or the consummation of the Offer or the Merger or the other transactions contemplated therebyMerger, or (ii) challenging the validity of or seeking to enjoin the operation of any provision of this letter agreement. The Subject to Section 6 hereof, the waiver contained in this Section 6 4 will be absolute and perpetual. The Company and its directors, officers and other Representatives are intended third-party beneficiaries of this Section 4.

Waiver of Appraisal and Dissenters’ Rights and Actions. The Stockholder Party hereby (a) waives and agrees not to exercise any rights of appraisal or rights to dissent from the Merger that the Stockholder Party may have and (b) agrees not to commence or participate in, and to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, (i) against the Company, any of its Representatives or any of its successors, including claims relating to the negotiation, execution, or delivery of this letter agreement or the Merger Agreement, Agreement or the consummation of the Offer or the Merger, including any claim alleging a breach of any fiduciary duty of the Company Board in connection with the Merger Agreement, the consummation of the Offer or the Merger or the other transactions contemplated thereby, or (ii) challenging the validity of or seeking to enjoin the operation of any provision of this letter agreement. The waiver contained in this Section 6 5 will be absolute and perpetual.