Common use of Warrant Certificate Holder Not Deemed a Stockholder Clause in Contracts

Warrant Certificate Holder Not Deemed a Stockholder. No holder, as --------------------------------------------------- such of any Warrant Certificate shall be entitled to vote, receive dividends or be deemed the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Warrants represented thereby for any purpose whatever, nor shall anything contained herein or in any Warrant Certificate be construed to confer upon the holder of any Warrant Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance or otherwise), or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 13 hereof), or to receive dividend or subscription rights, or otherwise, until such Warrant Certificate shall have been duly exercised in accordance with the provisions hereof.

Warrant Certificate Holder Not Deemed a Stockholder. No --------------------------------------------------- holder, as --------------------------------------------------- such such, of any Warrant Certificate shall be entitled to vote, receive dividends vote or be deemed the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Warrants represented thereby for any purpose whatever, nor shall anything contained herein or in any Warrant Certificate be construed to confer upon the holder of any Warrant Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give given or withhold consent to any corporate action (whether upon any recapitalization, issuance issue of stock, stock reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance or otherwise), or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 13 hereof), or to receive dividend dividends or subscription rights, or otherwise, until such Warrant Certificate shall have been duly exercised in accordance with the provisions hereofhereof and the receipt of the Purchase Price and any other amounts payable upon such exercise by the Warrant Agent as provided herein.

Warrant Certificate Holder Not Deemed a Stockholder. No holderHolder shall not, as --------------------------------------------------- such solely because of any Warrant Certificate shall holding the warrant, be entitled to vote, receive dividends or be deemed the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Warrants represented thereby Warrant for any purpose whateverwhatsoever, nor shall anything contained herein or in any Warrant Certificate be construed to confer upon the holder of any Warrant CertificateHolder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting time thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, merger conveyance or otherwise), or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 13 8 hereof), or to receive dividend or subscription rights, or otherwise, until such Warrant Certificate shall have been duly exercised in accordance with the provisions hereofhereof and the Warrant Shares shall have been issued.

Warrant Certificate Holder Not Deemed a Stockholder. No Except --------------------------------------------------- as otherwise provided in Section 2, prior to the Distribution Date, no holder, as --------------------------------------------------- such such, of any Warrant Certificate shall be entitled to vote, receive dividends vote or be deemed the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Warrants represented thereby for any purpose whatever, nor shall anything contained herein or in any Warrant Certificate be construed to confer upon the holder of any Warrant Certificate, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance issue of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance or otherwise), or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 13 15 hereof), or to receive dividend dividends or subscription rights, or otherwise, until such Warrant Certificate shall have been duly exercised in accordance with the provisions hereofhereof and the receipt of the Purchase Price and any other amounts payable upon such exercise by the Warrant Agent as provided herein.

Warrant Certificate Holder Not Deemed a Stockholder. No holderExcept as otherwise provided herein, as --------------------------------------------------- such the Holders shall not, solely because of any Warrant Certificate shall holding this Warrant, be entitled to vote, receive dividends or be deemed the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise of the Warrants represented thereby Warrant for any purpose whateverwhatsoever, nor shall anything contained herein or in any Warrant Certificate be construed to confer upon the holder of any Warrant CertificateHolders, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter matters submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance or otherwise), or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 13 hereof)stockholders, or to receive dividend or subscription rights, or otherwise, until such this Warrant Certificate shall have been duly exercised in accordance with the provisions hereof.