Common use of Shareholders Rights Plan Clause in Contracts

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the plan or in any way could be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.

Appears in 37 contracts

Sources: Securities Purchase Agreement (Summus Inc Usa), Securities Purchase Agreement (Smartire Systems Inc), Securities Purchase Agreement (Smartire Systems Inc)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or or, to the knowledge of the Company, any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Zone 4 Play Inc), Securities Purchase Agreement (Zone 4 Play Inc), Securities Purchase Agreement (Zone 4 Play Inc)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving the Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Smartserv Online Inc), Securities Purchase Agreement (Peregrine Pharmaceuticals Inc), Securities Purchase Agreement (Arotech Corp)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or or, to the knowledge of the Company, any other Person that any Purchaser Investor is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities the Shares, Warrants or Warrant Shares 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.

Appears in 2 contracts

Sources: Subscription Agreement (Astrata Group Inc), Subscription Agreement (China Evergreen Environmental CORP)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchaser.

Appears in 2 contracts

Sources: Common Stock Purchase and Warrants Agreement (Us Dataworks Inc), Common Stock Purchase and Warrants Agreement (Us Dataworks Inc)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is is, solely as a result of purchasing Securities pursuant to this Agreement, an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Macrochem Corp), Securities Purchase Agreement (Macrochem Corp)

Shareholders Rights Plan. In the event that a shareholders ------------------------ rights plan is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the any such plan or in any way could would reasonably be expected to be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Questcor Pharmaceuticals Inc), Securities Purchase Agreement (Questcor Pharmaceuticals Inc)

Shareholders Rights Plan. In the event that a shareholders shareholders’ rights plan (or similar plan or arrangement) is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" “acquiring person” under the any such plan or in any way could be deemed to trigger the provisions of such plan solely by virtue of receiving Securities under the Transaction Documents, assuming for this purpose that such Purchaser does not otherwise acquire control of any other shares of Common Stock that would trigger the provisions of any such plan.

Appears in 1 contract

Sources: Securities Purchase Agreement (Neorx Corp)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no claim will be made or enforced by the Company or any other Person that any Purchaser Holder is an "Acquiring Person" under the any such plan or in any way could be deemed to trigger the provisions of such plan by virtue of receiving Warrant Securities or Shares under the Transaction DocumentsSeries B Documents or the Series D Agreement.

Appears in 1 contract

Sources: Repurchase and Exchange Agreement (Aspen Technology Inc /De/)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or in any way could be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.

Appears in 1 contract

Sources: Convertible Preferred Stock Purchase Agreement (Hawker Pacific Aerospace)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving the Securities under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers.

Appears in 1 contract

Sources: Securities Purchase Agreement (American Science & Engineering Inc)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or or, to the knowledge of the Company, any other Person that any Purchaser Investor is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect or hereafter adopted by the Company, or that any way Investor could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities Shares under the Transaction Documents.

Appears in 1 contract

Sources: Securities Purchase Agreement (Roaming Messenger Inc)

Shareholders Rights Plan. In the event that a shareholders rights plan is adopted by the Company, no No claim will be made or enforced by the Company or any other Person Affiliate of the Company that any Purchaser is an "Acquiring Person" under the any shareholders rights plan or similar plan or arrangement in effect as of the date hereof (if any) or hereafter adopted by the Company, or that any way Purchaser could be deemed to trigger the provisions of any such plan or arrangement, solely by virtue of receiving Securities Underlying Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers.

Appears in 1 contract

Sources: Securities Purchase Agreement (North American Palladium LTD)