Common use of Securityholder Approval Clause in Contracts

Securityholder Approval. This Agreement, the Escrow Agreement and ----------------------- the Certificate of Merger shall have been approved and adopted by the affirmative vote of the holders of at least 90% of Target's Capital Stock and the holders of not more than 5% of the issued and outstanding shares of Target Capital Stock shall have exercised their appraisal rights pursuant to Section 262 of the Delaware Law.

Securityholder Approval. This Agreement, the Escrow Agreement and ----------------------- the Certificate Agreement of Merger shall have been approved and adopted by the affirmative vote of the holders of at least 9095% of the then outstanding shares of Target's Capital Stock and the holders of not more than 55.0% of the issued and outstanding shares of Target Target's Capital Stock shall have exercised their appraisal rights pursuant to Section 262 of the Delaware Law or applicable California Law.