Definition of Acquiring Person Sample Clauses

Definition of Acquiring Person. The definition of "Acquiring Person" set ------------------------------ forth in Section 1.1 of the Rights Agreement shall be revised in its entirety to read as follows:
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Definition of Acquiring Person. Section 1(a) of the Prior Agreement is hereby amended to add the following text at the end thereof:
Definition of Acquiring Person. Section 1(a) of the Original Rights Agreement is hereby amended by deleting all references therein to “15%” and replacing them with “20%.”
Definition of Acquiring Person. The definition of Acquiring Person appearing in Section 1(a) of the Rights Agreement is hereby amended by (A) deleting the word "or" appearing immediately before clause (vii) thereof; (B) deleting the period appearing at the end of clause (vii) thereof and inserting a semicolon and the word "or" in lieu thereof and (C) inserting the following new clause (viii) immediately after the end of clause (vii) thereof:
Definition of Acquiring Person. Section 1(a) of the Rights Agreement is hereby amended to read in its entirety as follows:
Definition of Acquiring Person. The definition ofAcquiring Person” as set forth in Section 1(a) of the Agreement is hereby further amended by adding the following to the end thereof: “Notwithstanding anything herein to the contrary, none of the purchasers who acquire securities of the Company pursuant to that certain Securities Purchase Agreement by and between the Company and the purchasers identified on the signature pages thereto, dated as of April 10, 2013 (the “Preferred Stock Purchase Agreement”) shall be deemed to be an Acquiring Person solely by virtue of the transactions contemplated by the Preferred Stock Purchase Agreement.”
Definition of Acquiring Person. The definition ofAcquiring Person” set forth in Section 1 of the Rights Agreement is hereby amended to add the following sentence at the end of the second full paragraph of such definition: “Neither Hercules, Merger Sub nor any of their respective Affiliates shall become an Acquiring Person as a result of (i) the execution and delivery by the parties thereto of the Merger Agreement or (ii) the consummation of any of the transactions contemplated by the Merger Agreement.”
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Definition of Acquiring Person. The definition of Acquiring Person is amended and restated in its entirety to read as follows:
Definition of Acquiring Person. The definition ofAcquiring Person” as set forth in Section 1(a) of the Agreement is hereby further amended by adding the following to the end thereof: “Notwithstanding anything herein to the contrary, none of the persons listed in the first paragraph (the “Investors”) of each Warrant Exchange Agreement by and between the Company and each Investor, dated as of January 18, 2011 (collectively, the “Warrant Exchange Agreements”) shall be deemed to be an Acquiring Person solely by virtue of the transactions contemplated by the Warrant Exchange Agreements, including but not limited to, the acquisition of Common Stock by the Investors pursuant to the Warrant Exchange Agreements.”
Definition of Acquiring Person. The definition ofAcquiring Person” as set forth in Section 1(a) of the Agreement is hereby further amended by adding the following to the end thereof: “Notwithstanding anything herein to the contrary, none of the purchasers who acquire securities of the Company pursuant to that certain Securities Purchase Agreement by and between the Company and the purchasers identified on the signature pages thereto, dated as of February 12, 2014 (the “February 2014 Securities Purchase Agreement”) shall be deemed to be an Acquiring Person solely by virtue of the transactions contemplated by the February 2014 Securities Purchase Agreement. Notwithstanding anything herein to the contrary, none of the purchasers who acquire securities of the Company pursuant to that certain Securities Purchase Agreement by and between the Company and the purchasers identified on the signature pages thereto, dated as of March 20, 2015 (the “March 2015 Securities Purchase Agreement”) shall be deemed to be an Acquiring Person solely by virtue of the transactions contemplated by the March 2015 Securities Purchase Agreement.”
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