Outside Meeting Date definition

Outside Meeting Date shall have the meaning set forth in Section 23(c)(iii) hereof.

Outside Meeting Date shall have the meaning set forth in Section 5.1(c).

Outside Meeting Date is hereby added to Section 1 of the Agreement and shall read as follows:

Examples of Outside Meeting Date in a sentence

• If the Board does not hold the Special Meeting by the Outside Meeting Date to vote on the exemption of the Qualifying Offer, the Qualifying Offer will be deemed exempt from the Rights Agreement ten (10) business days after the Outside Meeting Date.

• If the Board of Directors does not hold a special meeting by the Outside Meeting Date to vote on the exemption of the qualifying offer, the qualifying offer will be deemed exempt from the Rights Agreement 10 business days after the Outside Meeting Date.

• If (1) the Nova I Requisite Vote shall not have been obtained at the Nova I Stockholders Meeting or (2) the Nova I Stockholders Meeting shall not have been held by the earlier of (i) March 31, 2018 and (ii) the Nova I Outside Meeting Date.

• If (1) the Nova II Requisite Vote shall not have been obtained at the Nova II Stockholders Meeting or (2) the Nova II Stockholders Meeting shall not have been held by the earlier of (i) March 31, 2018 and (ii) the Nova II Outside Meeting Date.

• This exemption becomes effective on the close of business on the tenth business day after (i) the Outside Meeting Date or (ii) the date on which the results of the vote on the Qualifying Offer Resolution are certified as official.

• If the Board does not hold the special meeting of stockholders by the Outside Meeting Date to vote on the exemption of the qualifying offer, the qualifying offer will be deemed exempt from the Rights Agreement ten (10) business days after the Outside Meeting Date.

• In accordance with Xxxxxx'x bylaws and applicable law, Xxxxxx shall as promptly as is reasonably practicable, but no later than September 30, 2004; provided, however, that, if Xxxxxx receives comments from the SEC on the Proxy Statement, Xxxxxx may extend such date to October 31, 2004 (the "Outside Meeting Date"), convene the Shareholder Meeting.

• If (a) Xxxxxx does not convene the Shareholder Meeting on or before by the Outside Meeting Date or (b) Xxxxxx does convene the Shareholder Meeting by the Outside Meeting Date but does not secure Shareholder Approval by the Outside Meeting Date or (c) anytime prior to Shareholder Approval, proxies subject to the Voting Agreement represent less than two-thirds of the issued and outstanding Voting Securities of Xxxxxx, then the Purchaser may, but shall not be required to, terminate this Agreement.

More Definitions of Outside Meeting Date

Outside Meeting Date shall have the meaning set forth in Section 23(c) hereof. (ll) “Ownership Statement” shall have the meaning set forth in Section 3(a) hereof.

Outside Meeting Date. The definition of the term “Outside Meeting Date” is hereby added to Section 1 of the Agreement and shall read as follows:

Outside Meeting Date shall have the meaning set forth in Section 2.11.

Outside Meeting Date shall have the meaning set forth in Section 23(c)(iii) hereof. (cc) “Passive Investor” shall mean any Person who or which has reported or is required to report Beneficial Ownership of shares of Common Stock of the Company on Schedule 13G under the Exchange Act (or any comparable or successor report), but only so long as (i) such Person is eligible to report such ownership on Schedule 13G under the Exchange Act (or any comparable or successor report), and (ii) such Person has not reported and is not required to report such ownership on Schedule 13D under the Exchange Act (or any comparable or successor report) and such Person does not hold shares of Common Stock of the Company on behalf of any other Person who is required to report Beneficial Ownership of shares of Common Stock of the Company on such Schedule 13D; provided that if a formerly Passive Investor should report or become required to report Beneficial Ownership of shares of Common Stock of the Company on Schedule 13D, that formerly Passive Investor will not be deemed to be or to have become an Acquiring Person if (A) at the time it reports or becomes required to report Beneficial Ownership of shares of Common Stock of the Company on Schedule 13D, that formerly Passive Investor has Beneficial Ownership of less than 12% of the Common Stock then outstanding; or (B) (1) it divests as promptly as practicable (but in any event not later than ten calendar days after becoming required to report on Schedule 13D) Beneficial Ownership of a sufficient number of shares of Common Stock of the Company so that it would no longer be an “Acquiring Person,” as defined herein, and (2) prior to reducing its Beneficial Ownership of shares of Common Stock of the Company then outstanding to below 12%, it does not increase its Beneficial Ownership of the Common Stock then outstanding (other than by reason of share purchases by the Company) above such Person’s lowest Beneficial Ownership of the Common Stock then outstanding at any time during such ten calendar day period. (dd) “Person” shall mean any individual, firm, corporation, partnership, limited liability company, trust or other entity, and shall include any successor (by merger or otherwise) to such entity.