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
Samples: Securities Purchase Agreement (Dot Hill Systems Corp), Securities Purchase Agreement (Summus Inc Usa), Securities Purchase Agreement (Smartire Systems Inc)
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 13 contracts
Samples: Securities Purchase Agreement (World Health Alternatives Inc), Escrow Agreement (World Health Alternatives Inc), Subscription Agreement (Metron Technology N V)
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 Underlying Shares under the Transaction DocumentsDocuments or under any other agreement between the Company and the Purchasers.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Carrington Laboratories Inc /Tx/), Securities Purchase Agreement (Gurunet Corp), Securities Purchase Agreement (Britesmile Inc)
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 be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Avi Biopharma Inc), Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Introgen Therapeutics Inc)
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 be deemed to trigger the provisions of such plan by virtue of receiving Securities under the Transaction Documents.
Appears in 5 contracts
Samples: Document Securities Purchase Agreement (Avi Biopharma Inc), Securities Purchase Agreement (Aspen Technology Inc /De/), Securities Purchase 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 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
Samples: 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 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
Samples: 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 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
Samples: Securities Purchase Agreement (Roaming Messenger 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
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
Samples: Repurchase and Exchange Agreement (Aspen Technology Inc /De/)
