Common use of Waiver of Certain Actions Clause in Contracts

Waiver of Certain Actions. The Stockholder hereby 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, against the Company, Parent or any of their respective Affiliates or successors (a) challenging the validity of, or seeking to enjoin or delay the operation of, any provision of this Agreement or the Merger Agreement (including any claim seeking to enjoin or delay the consummation of the Mergers), or (b) alleging a breach of any duty of the Company Board, the Parent Board or the Parent Special Committee in connection with the Merger Agreement, the Transactions, this Agreement or the transactions contemplated hereby.

Waiver of Certain Actions. The Each Company Stockholder hereby 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, against Parent, the Company, Parent Company or any of their respective Affiliates Subsidiaries or successors (a) challenging the validity of, or seeking to enjoin or delay the operation of, any provision of this Agreement or the Merger Agreement (including any claim seeking to enjoin or delay the consummation of the Mergers), Closing) or (b) alleging a breach of any duty of the Company Board, the Board or Parent Board or the Parent Special Committee in connection with the Merger Agreement, the Transactions, this Agreement or the transactions contemplated thereby or hereby.

Waiver of Certain Actions. The Each Company Stockholder hereby 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, against Parent, the Company, Parent Company or any of their respective Affiliates Subsidiaries or successors (a) challenging the validity of, or seeking to enjoin or delay the operation of, any provision of this Agreement or the Merger Transaction Agreement (including any claim seeking to enjoin or delay the consummation of the Mergers), Closing) or (b) alleging a breach of any duty of the board of directors of the Company Board, the Parent Board or the board of managers of Parent Special Committee in connection with the Merger Transaction Agreement, the Transactions, this Agreement or the transactions contemplated thereby or hereby.