Matters. So long as the proxy granted under this Section 3.3 is a valid uncontested proxy that is effective to deliver the votes of the Covered Shares (or, if applicable, only such portion of the Covered Shares as is provided in Section 3.1(b)), the Stockholder shall be deemed to be fulfilling its obligations under Section 3.1. If Parent believes that such proxy is not a valid proxy or if Parent otherwise does not wish to utilize the proxy, Parent will so notify the Stockholder in writing so that the Stockholder will be able to perform its obligations under Section 3.1.
Appears in 4 contracts
Samples: Stockholder Agreement (National Medical Health Card Systems Inc), Stockholder Agreement (New Mountain Partners Lp), Stockholder Agreement (SXC Health Solutions Corp.)
Matters. So long as the proxy granted under this Section 3.3 is a valid uncontested proxy that is effective to deliver the votes of the Covered Shares (or, if applicable, only such portion of the Covered Shares as is provided in Section 3.1(b))Shares, the Stockholder shall be deemed to be fulfilling its obligations under Section 3.1. If Parent believes that such proxy is not a valid proxy or if Parent otherwise does not wish to utilize the proxy, Parent will so notify the Stockholder in writing so that the Stockholder will be able to perform its obligations under Section 3.1.
Appears in 4 contracts
Samples: Stockholder Agreement (New Mountain Partners Lp), Stockholder Agreement (SXC Health Solutions Corp.), Stockholder Agreement (SXC Health Solutions Corp.)
Matters. So long as the proxy granted under this Section 3.3 2.3 is a valid uncontested proxy that is effective to deliver the votes of the Covered Shares (or, if applicable, only such portion of the Covered Shares as is provided in Section 3.1(b))Shares, the Stockholder shall be deemed to be fulfilling its obligations under Section 3.12.1. If Parent believes that such proxy is not a valid proxy or if Parent otherwise does not wish to utilize the proxy, Parent will immediately so notify the Stockholder in writing so that the Stockholder will be able to perform its obligations under Section 3.12.1.
Appears in 3 contracts
Samples: Voting Agreement (Health Systems Solutions Inc), Voting Agreement (Emageon Inc), Voting Agreement (Health Systems Solutions Inc)
Matters. So long as the proxy granted under this Section 3.3 2.3 is a valid uncontested proxy that is effective to deliver the votes of the Covered Shares (or, if applicable, only such portion of the Covered Shares as is provided in Section 3.1(b))Shares, the Stockholder shall be deemed to be fulfilling its obligations under Section 3.12.1(b). If Parent believes that such proxy is not a valid proxy or if Parent otherwise does not wish to utilize the proxy, Parent will immediately so notify the Stockholder in writing so that the Stockholder will be able to perform its obligations under Section 3.12.1(b).
Appears in 2 contracts
Samples: Tender and Support Agreement (Emageon Inc), Tender and Support Agreement (AMICAS, Inc.)
