Stockholder Support Agreement. The Stockholder Support Agreement shall be in full force and effect, and no Key Company Stockholder shall have attempted to repudiate or disclaim any of its or his obligations thereunder.
Stockholder Support Agreement. The Company has delivered to SPAC a true, correct and complete copy of the Stockholder Support Agreement. The Stockholder Support Agreement is in full force and effect and has not been withdrawn or terminated, or otherwise amended or modified, in any respect, and, to the knowledge of the Company, no withdrawal, termination, amendment or modification is contemplated. The Stockholder Support Agreement is a legal, valid and binding obligation of the Key Company Stockholders and neither the execution or delivery by any party thereto of, nor the performance of any party’s obligations under, the Stockholder Support Agreement violates any provision of, or results in the breach of or default under, or requires any filing, registration or qualification under, any applicable Law in any material respect. To the knowledge of the Company, no event has occurred that, with or without notice, lapse of time or both, would constitute a material default or material breach on the part of any Key Company Stockholder under any term or condition of the Stockholder Support Agreement. The Key Company Stockholders hold a number of shares of the Company sufficient to provide the Company Stockholder Requisite Approval.
Stockholder Support Agreement. Immediately following the execution and delivery of this Agreement by the Company pursuant to the resolutions of the Board of Directors of the Company, each of the Consenting Stockholders will execute and deliver to Parent and BV Sub the Stockholder Support Agreement in the form attached hereto as Exhibit A. Pursuant to the Stockholder Support Agreement and the written consent included therewith (which consent shall also be delivered to the Company simultaneously with the delivery of the Stockholder Support Agreement to Parent and BV Sub), each of the Consenting Stockholders will have, among other things, consented to the adoption and approval of this Agreement and the approval of the Merger.
Stockholder Support Agreement. On the date of this Agreement, the holder of the Company Preferred Stock and a majority of the Company Common Stock shall have duly executed the Stockholder Support Agreement, and the Company shall have delivered same to Buyer.
Stockholder Support Agreement. On September 8, 2021, Novus, Energy Vault and certain stockholders of Energy Vault entered into the Stockholder Support Agreement (the “Stockholder Support Agreement”) pursuant to which such stockholders agreed to vote all of their shares of Energy Vault Common Stock and Energy Vault Preferred Stock in favor of the approval and adoption of the Proposed Transactions. Additionally, such stockholders have agreed, among other things, not to (a) transfer any of their shares of Energy Vault Common Stock and Energy Vault Preferred Stock (or enter into any arrangement with respect thereto), subject to certain customary exceptions or (b) enter into any voting arrangement that is inconsistent with the Stockholder Support Agreement.
Stockholder Support Agreement. Within forty-eight (48) hours of the date of this Agreement, the Company will deliver to Parent an executed copy of the Stockholder Support Agreement duly executed by the Key Company Stockholders.
Stockholder Support Agreement. Parent will have delivered the Stockholder Support Agreement duly executed by the Key Parent Stockholders.
Stockholder Support Agreement. Each of the Buyer Principal Stockholders will execute and deliver at the Closing a Stockholder Support Agreement in the form of Exhibit B pursuant to which they will agree to vote in favor of (i) the Merger, (ii) the amendment of the Buyer Articles of Incorporation to (x) effectuate the Buyer Post Closing Reverse Stock Split, and (y) change the name of Buyer to Regeneca International Inc. Buyer will use commercially reasonable efforts to cause other Buyer stockholders owning in the aggregate not less than 50% of the voting capital stock of Buyer to execute and deliver the Stockholder Support Agreement.
Stockholder Support Agreement. At the Initial Closing, the Investor shall have executed and delivered the Stockholder Support Agreement.
Stockholder Support Agreement. Concurrently with the execution of this Agreement, the Sellers shall execute the Stockholder Support Agreement, attached hereto as Exhibit A (the “Support Agreement”).
