No Solicitation of Bidders. Prior to the fifth anniversary of the Effective Date, no member of the Zell Xxxup shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities (other than any Company Voting Securities held by the Zell Xxxup) in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors. Prior to disclosing any confidential non-public information concerning the Company to such person, such person shall have executed and delivered to the Zell Xxxup a confidentiality and standstill agreement on substantially the same terms as those set forth in the letter agreement dated July 16, 1997, entered into between the Company and an affiliate of Samstock and TNI in connection with the transactions contemplated by the Purchase Agreement, with such duration as shall be appropriate under the circumstances in the reasonable judgment of the Zell Xxxup. Promptly upon the Zell Xxxup entering into any written agreement or arrangement with such person concerning a transaction covered by this Section 3.4 (including such aforementioned confidentiality and standstill agreement), the Zell Xxxup shall notify the Company's Board of Directors and provide the Company's Board of Directors with copies of the same; provided, however, that the mere sale of Company Voting Securities by any member of the Zell Xxxup shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.4.
No Solicitation of Bidders. Prior to the third anniversary of the date of the Original Agreement, neither the Investor Group nor the Shareholder Group shall, directly or indirectly, assist, encourage or induce any other person to bid for or acquire outstanding Company Voting Securities in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors.
No Solicitation of Bidders. Except as the same may be approved by a majority of the Disinterested Directors in a specific resolution to that effect adopted prior to the taking of such action, prior to June 30, 2002 no member of the Zell Xxxup shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities which would result in such other person, directly or indirectly, beneficially owning in excess of 5.0% of the Combined Voting Power of Company Voting Securities, provided, however, that the mere sale of Company Voting Securities by any member of the Zell Xxxup shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.5. 6
No Solicitation of Bidders. Prior to the third anniversary of the Effective Date, neither the Investor Group nor the Shareholder Group shall, directly or indirectly, assist, encourage or induce any other person to bid for or acquire outstanding Company Voting Securities in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors.
No Solicitation of Bidders. Neither Venture Partner shall directly or indirectly assist, solicit, encourage or induce any person to bid for or acquire outstanding Voting Securities of the other Venture Partners in excess of 5.0% of the Combined Voting Power of the Voting Securities of the other Venture Partner.
No Solicitation of Bidders. Prior to the fifth anniversary of the Effective Date, except as set forth in the Co-Sale and Voting Agreement, no Minotaur Investor shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities (other than any Company Voting Securities held by the Minotaur Investors) in any transaction or series of related transactions, unless the consummation of such transaction or series of related transactions requires approval of a majority of the Board of Directors. Prior to disclosing any confidential non-public information concerning the Company to such person, such person shall have executed and delivered to the Minotaur Investors a confidentiality and standstill agreement in the form attached hereto as Exhibit A. Promptly upon the Minotaur Investors entering into any written agreement or arrangement with such person concerning a transaction covered by this Section 3.4 (including such aforementioned confidentiality and standstill agreement), the Minotaur Investors shall notify the Company's Board of Directors and provide the Company's Board of Directors with copies of the same; provided, however, that the mere sale of Company Voting Securities by any Minotaur Investor shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.4.
No Solicitation of Bidders. Prior to the Termination Date, Xxxxxxxxx shall not directly or indirectly (through CPFF, Consolidation Partners or otherwise) assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities in any transaction or series of related transactions (except or may be approved by a majority of the Disinterested Directors).
No Solicitation of Bidders. Prior to the third anniversary of the Effective Date, Xxxxxxxxx not directly or indirectly (through CPFF, Consolidation Partners or otherwise) assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities in any transaction or series of related transactions (except as may be approved by a majority of the Disinterested Directors).
No Solicitation of Bidders. No member of the Harber Group shall directly or indirectly assist, solicit, encourage xx xxxuce any person to bid for, submit a proposal for or acquire any outstanding Company Voting Securities.
No Solicitation of Bidders. Except as the same may be approved by the Board of Directors of the Company in a specific resolution to that effect adopted prior to the taking of such action, prior to the Termination Date no member of the Chatsworth Group shall directly or indirectly assist, encourage or induce any person to bid for or acquire outstanding Company Voting Securities which would result in such other person, directly or indirectly, beneficially owning in excess of 5.0% of the Combined Voting Power of Company Voting Securities, provided, however, that the mere sale of Company Voting Securities by any member of the Chatsworth Group shall not constitute assisting, encouraging or inducing within the meaning of this Section 3.5.
