Common use of Shareholder Rights Plan Clause in Contracts

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