Common use of Action by Stockholders Clause in Contracts

Action by Stockholders. (a) The Company, acting through its Board of Directors, shall, in accordance with and subject to Applicable Law and its Organic Documents: as soon as practicable, solicit the written consent from the Stockholders (other than the Principal Stockholder, who has already executed a written consent), for the purpose of adopting and approving this Agreement, the Merger and the Transactions (the "Special Meeting"); include in any materials delivered to the Stockholders in connection with the solicitation of written consents the conclusion and recommendation of the Board of Directors to the effect that the Board of Directors, having determined that this Agreement, the Merger and the Transactions are in the best interests of the Company and the Stockholders, has approved this Agreement, the Merger and the Transactions and recommends that the Stockholders vote in favor of the approval and adoption of this Agreement, the Merger and the Transactions; and use its best efforts to obtain the necessary approval and adoption of this Agreement, the Merger and the Transactions by the Stockholders.

Action by Stockholders. (a) The Company, acting through its Board of Directors, shall, Directors and in accordance with and subject to Applicable Law and its Organic Organizational Documents: as soon as practicable, solicit shall (i) seek the written consent from the Stockholders (other than the Principal Stockholder, who has already executed a written consent), for the purpose due approval and adoption of adopting and approving this Agreement, the Merger and the Transactions by the Stockholders, whether by written consent or at a special meeting of the Stockholders; (the "Special Meeting"); ii) include in any materials delivered proxy statement or information statement furnished to the Stockholders in connection with the solicitation of written consents the conclusion and recommendation of the Board of Directors to the effect that the Board of Directors, having determined that this Agreement, the Merger and the Transactions are in the best interests of the Company and the Stockholders, has approved this Agreement, the Merger and the Transactions and recommends that the Stockholders vote in favor of the approval and adoption of this Agreement, the Merger and the Transactions; and (iii) use its best efforts to obtain the necessary approval and adoption of this Agreement, the Merger and the Transactions by the Stockholders.

Action by Stockholders. (a) The Company, acting through its Board of Directors, shall, in accordance with and subject to Applicable Law and its Organic Documents: as soon as practicable, solicit the written consent from duly call, give notice of, convene and hold a special meeting of the Stockholders (other than the Principal Stockholder, who has already executed a written consent), for the purpose of adopting and approving this Agreement, the Merger and the Transactions (the "Special Meeting"); include in any materials delivered proxy statement related to the Stockholders in connection with the solicitation of written consents Special Meeting the conclusion and recommendation of the Board of Directors to the effect that the Board of Directors, having determined that this Agreement, the Merger and the Transactions are in the best interests of the Company and the Stockholders, has approved this Agreement, the Merger and the Transactions and recommends that the Stockholders vote in favor of the approval and adoption of this Agreement, the Merger and the Transactions; and use its best efforts to obtain the necessary approval and adoption of this Agreement, the Merger and the Transactions by the Stockholders.