Common use of Shareholder Rights Plan Clause in Contracts

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction Documents.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with to the consent knowledge of the Company, any other Person, Person that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investors. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any the Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities the Convertible Debentures (or the underlying Common Shares) under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, or any other Person, Person that any Investor is an “Acquiring Personacquiring person” under any control share acquisition, business combination, poison pill (including any distribution under a shareholders rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased any of the Securities under the Transaction Documents.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities Securities, as applicable, under the Transaction Documents.

Shareholder Rights Plan. No claim will be made or enforced by the Company, the Holding Company or, with to the consent knowledge of the Company or the Holding Company, any other Person, Person that any Investor Purchaser is an “"Acquiring Person” " under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company or the Holding Company, or that any Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company, the Holding Company and the Purchasers. The Holding Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with to the consent Knowledge of the Company, any other Person, Person that any Investor the Lender is an “"Acquiring Person” " under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor the Lender could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Lender. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any the Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investor.

Shareholder Rights Plan. (a) No claim will be made or enforced by the Company or, with to the consent knowledge of the Company, or any other Person, Person that any Investor is an “Acquiring Personacquiring person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) shareholder right plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities Convertible Preferred Stock or the Warrant under this Agreement or under any other agreement between the Transaction DocumentsCompany and the Investor. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Personperson, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Exchange Securities under the Transaction DocumentsExchange Documents or under any other agreement between the Company and the Investor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with to the consent knowledge of the Company, any other Person, Person that any Investor Holder is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor Holder could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Holders. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Personperson, that any the Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investor.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could would be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with to the consent Knowledge of the Company, any other Person, Person that any Investor is an “the Purchasers are "Acquiring Person” Persons" under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor the Purchasers could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company Corporation or, with to the consent knowledge of the CompanyCorporation, any other Person, person that any either Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the CompanyCorporation, or that any either Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased the ownership or any future acquisition of Registrable Securities under this Agreement or any other agreement between the Transaction DocumentsCorporation and the Investors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with to the consent knowledge of the Company, any other Person, Person that any Investor Lender is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor Lender could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities the Note under the Transaction DocumentsDocuments or under any other agreement between the Company and the Lender. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Personperson, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Exchange Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any the Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any the Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under the Transaction Documents.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Personperson, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities under this Agreement or under any other agreement between the Transaction DocumentsCompany and Investors.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with to the consent knowledge of the Company, any other Person, Person that any Investor Purchaser is an “"Acquiring Person” " under any control share acquisition, business combination, poison pill (including any distribution under a shareholder rights agreement) plan or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities Shares or Warrants under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers. The Company shall conduct its business in a manner so that it will not become subject to the Investment Company Act.

Shareholder Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Investor is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Purchased Securities the Shares and the Make Up Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Investors.