Common use of Waiver of Certain Other Actions Clause in Contracts

Waiver of Certain Other Actions. 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 Action, derivative or otherwise, against Parent, the Company, or any of their 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 Closing); or (b) to the fullest extent permitted under Law, alleging a breach of any duty of the Parent Board in connection with the Merger Agreement, this Agreement, or the transactions contemplated thereby or hereby.

Appears in 2 contracts

Samples: Voting Agreement (PECK Co HOLDINGS, INC.), Voting Agreement (Sunworks, Inc.)

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Waiver of Certain Other Actions. To the fullest extent permitted under law, 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 Action, derivative or otherwise, against Parent, the Company, or any of their Subsidiaries respective 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 Closing); or (b) to the fullest extent permitted under Law, alleging a breach of any duty of the Board of Directors of the Company or Parent Board in connection with the Merger Agreement, this Agreement, or the transactions contemplated thereby or hereby.

Appears in 1 contract

Samples: Voting and Support Agreement (Crexendo, Inc.)

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Waiver of Certain Other Actions. 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 Action, derivative or otherwise, against Parent, the CompanyCompany , or any of their 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 Closing); or (b) to the fullest extent permitted under Law, alleging a breach of any duty of the Parent Board in connection with the Merger Agreement, this Agreement, or the transactions contemplated thereby or hereby.

Appears in 1 contract

Samples: Voting Agreement (PECK Co HOLDINGS, INC.)

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