Common use of Rights of Stockholders Clause in Contracts

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s), as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants shall have been exercised and the Warrant Shares purchasable upon the exercise thereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no HolderNo holder of this Warrant shall be entitled, as sucha Warrant holder, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s), as such, Holder any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise with respect to the Warrant Shares until the Warrants this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 3(c) hereof, no the Holder, as such, shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly may be otherwise provided in Section 3 hereofthis Warrant, the Certificate or any other agreement to which the Company and any Holder may be a party, including, without limitation, the Investors Rights Agreement, no Holder, as such, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome issuable, as provided herein.

Rights of Stockholders. Except as expressly provided in Subject to Section 3 hereof10 of this Warrant, no the Holder, in its capacity as such, shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or Company, such as any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, conveyance or otherwise) or ), to receive notice of meetings, or to receive dividends or subscription rights or otherwise otherwise, until the Warrants any Installment of this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereofSubject to Sections 8 and 10 of this Warrant, no Holder, as such, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares shares of Common Stock purchasable upon the exercise thereof hereof (the "Warrant Shares") shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 3(c) hereof, no Holderthe Purchaser, as such, shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Purchaser, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, No holder of the Warrant or Warrants shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders stock holders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant or Warrants shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Subject to Section 3 hereof10 of this Warrant, no the Holder, in its capacity as such, shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or Company, such as any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, conveyance or otherwise) or ), to receive notice of meetings, or to receive dividends or subscription rights or otherwise otherwise, until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereofdescribed elsewhere herein, no Holderholder of this Warrant shall be entitled, as sucha Warrant holder, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares shares of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares shares of Common Stock purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereofSubject to Sections 9 and 11 of this Warrant, no Holder, as such, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof of this Warrant for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable isssuable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, No holder of the Warrant or Warrants shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Series C Preferred or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders stock holders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrant or Warrants shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no HolderNo holder of this Warrant shall be entitled, as sucha Warrant holder, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares Stock purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereofSubject to Sections 8 and 10 of this Warrant, no Holder, as such, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or Common Stock of any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares shares of Common Stock purchasable upon the exercise thereof hereof (the "Warrant Shares") shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, No holder of this Warrant shall be entitled entitled, by virtue of its status as a Warrant holder, to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, by virtue of its status as sucha Warrant holder, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereofSubject to SECTIONS 9 and 11 of this Warrant, no Holder, as such, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares shares of Common Stock purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s), as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Placement Agents Warrants shall have been exercised and the Warrant Shares purchasable upon the exercise thereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Subject to Section 3 hereof10 of this Warrant, no the Holder, in its capacity as such, shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or Company, such as any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, conveyance or otherwise) or ), to receive notice of meetings, or to receive dividends or subscription rights or otherwise otherwise, until the Warrants this Warrant shall have been exercised exercised, in whole or in part, and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, The Holder of this Warrant shall not be ---------------------- entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purposepurpose solely by reason of the ownership of this Warrant, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as suchthe holder of this Warrant, any of the rights of a stockholder of the Company or any right to vote for fore the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance issue of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, conveyance or otherwise) or to receive notice of meetings), or to receive dividends or of subscription rights or otherwise until the Warrants this Warrant shall have been exercised and the Warrant Shares purchasable issuable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereof, no Holder, as such, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s), as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Placement Agent Warrants shall have been exercised and the Warrant Shares purchasable upon the exercise thereof shall have been issued, as provided herein.

Rights of Stockholders. Except No Holder of this Warrant shall be entitled, as expressly provided in Section 3 hereof, no a Warrant Holder, as such, shall be entitled to vote or receive dividends or be deemed the holder Holder of the Warrant Shares or any other securities of the Company that which may at any time be Capital Group Communications T 415.332.7200 F 415.332.7201 xxx.xxxxxxxxx.xxx issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Subject to Section 3 hereof9 of this Warrant, no Holder, as such, the Holder shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Common Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders shareholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Common Shares or other securities purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 hereofdescribed elsewhere herein, no Holderholder of this Warrant shall be entitled, as sucha Warrant holder, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares shares of Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants this Warrant shall have been exercised and the Warrant Shares shares of Common Stock purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly otherwise provided in Section 3 hereofthe Certificate of Designations of the Series F Preferred Stock of the Company, no Holder, as such, holder of the Warrant shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value or change of stock to no par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 5(c) hereof, no the Holder, as such, shall not be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)Holder, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issued, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 Subject to Sections 4 and 5 hereof, no Holderholder of this Warrant shall be entitled, as sucha Warrant holder, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.

Rights of Stockholders. Except as expressly provided in Section 3 Subject to Sections 4 and 5 hereof, no Holderholder of this Warrant shall be entitled, as sucha Warrant holder, shall be entitled to vote or receive dividends or be deemed the holder of the Warrant Shares Common Stock or any other securities of the Company that may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder(s)holder of this Warrant, as such, any of the rights of a stockholder of the Company or any right to vote for the election of directors or upon any matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action (whether upon any recapitalization, issuance of stock, reclassification of stock, change of par value, consolidation, merger, conveyance, or otherwise) or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until the Warrants Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise thereof hereof shall have been issuedbecome deliverable, as provided herein.