RIGHTS AGREEMENT by and between HOPTO INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent Dated as of February 16, 2018Rights Agreement • February 16th, 2018 • hopTo Inc. • Services-prepackaged software • New York
● the close of business on the tenth (10th) business day following the first date of public announcement that any person, together with such person’s Related Persons (as defined below) (other than the Company or certain related entities), has become the beneficial owner of ten percent (10%) or more of the then outstanding Common Stock other than as a result of repurchases of Common Stock by the Company, certain stock option or restricted stock grants by the Company or the exercise or conversion thereof, or certain inadvertent acquisitions (such person is an “Acquiring Person”) or that discloses information which reveals the existence of an Acquiring Person; provided, however, that stockholders who beneficially own ten percent (10%) or more of the outstanding shares of Common Stock as of the date of this Rights Agreement will not be considered an Acquiring Person unless and until such stockholder or any of its Related Persons acquires beneficial ownership of any additional shares of Com
