Common use of Ownership of Xxxxxxx Common Stock Clause in Contracts

Ownership of Xxxxxxx Common Stock. Except as set forth on Section 4.3 --------------------------------- of the RMSI Disclosure Letter, neither such RMSI Stockholder nor any of his or its respective family members or affiliates own, beneficially or of record, any shares of Xxxxxxx Common Stock, any option to acquire or sell any shares of Xxxxxxx Common Stock, or any warrants, rights, commitments, preemptive rights or agreements of any kind for the acquisition or sale of, any shares of Xxxxxxx Common stock, and is not a party to any voting trusts, voting agreement, proxies or other agreements, instruments or undertakings with respect to the voting of Xxxxxxx Common Stock, except for the Post-Merger Voting Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Merkert American Corp), Agreement and Plan of Merger (Monroe James L)

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Ownership of Xxxxxxx Common Stock. Except as set forth on in Section 4.3 --------------------------------- 3.22 of the RMSI Disclosure Letter, neither such RMSI nor, to the knowledge of RMSI, any RMSI Stockholder nor or any of his or its respective family members or their affiliates ownowns, beneficially or of record, any shares of Xxxxxxx Common Stock, any option to acquire or sell any shares of Xxxxxxx Common Stock, or any warrants, rights, commitments, preemptive rights or agreements of any kind for the acquisition or sale of, any shares of Xxxxxxx Common stockStock, and is not a party to any voting trusts, voting agreement, proxies or other agreements, instruments or undertakings with respect to the voting of Xxxxxxx Common Stock, except for the Post-Merger Voting Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Monroe James L), Voting Agreement (Merkert American Corp)

Ownership of Xxxxxxx Common Stock. Except as set forth on Section 4.3 --------------------------------- of the RMSI Disclosure Letter, neither such RMSI Stockholder nor any of his or its respective family members or affiliates own, beneficially or of record, any shares of Xxxxxxx Common Stock, any option to acquire or sell any shares of Xxxxxxx Common Stock, or any warrants, rights, commitments, preemptive rights or agreements of any kind for the acquisition or sale of, any shares of Xxxxxxx Common stock, and is not a party to any voting trusts, voting agreement, proxies or other agreements, instruments or undertakings with respect to the voting of Xxxxxxx Common Stock, except for the Post-Merger Voting Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Richmont Marketing Specialists Inc)

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Ownership of Xxxxxxx Common Stock. Except as set forth on in Section 4.3 --------------------------------- 3.22 of the RMSI Disclosure Letter, neither such RMSI nor, to the knowledge of RMSI, any RMSI Stockholder nor or any of his or its respective family members or their affiliates ownowns, beneficially or of record, any shares of Xxxxxxx Common Stock, any option to acquire or sell any shares of Xxxxxxx Common Stock, or any warrants, rights, commitments, preemptive rights or agreements of any kind for the acquisition or sale of, any shares of Xxxxxxx Common stockStock, and is not a party to any voting trusts, voting agreement, proxies or other agreements, instruments or undertakings with respect to the voting of Xxxxxxx Common Stock, except for the Post-Merger Voting Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Richmont Marketing Specialists Inc)

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