Common use of Total Shares Clause in Contracts

Total Shares. Except for the shares of Company Common Stock set forth on the signature page hereto (including shares underlying Company Compensatory Awards set forth on the signature page hereto), Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Micros Systems Inc), Agreement and Plan of Merger (Responsys Inc), Agreement and Plan of Merger (Micros Systems Inc)

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Total Shares. Except for the shares of Company Common Stock set forth on the signature page hereto (including shares underlying Company Warrants or Company Compensatory Awards set forth on the signature page hereto), Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 3 contracts

Samples: Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Textura Corp), Tender and Support Agreement (Patterson David G)

Total Shares. Except for the shares of Company Common Stock set forth on the signature page hereto (including shares underlying Company Compensatory Awards Shares set forth on the signature page hereto), Stockholder Shareholder does not Beneficially Own beneficially own as of the date of this Agreement any (i) shares of capital stock or voting securities of the Company or (including securities entitling Shareholder to vote at the Company Shareholder Meeting), (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for (in each case, whether currently, upon lapse shares of time, following the satisfaction of any conditions, upon the occurrence of any event capital stock or any combination voting securities of the foregoingCompany (including securities entitling Shareholder to vote at the Company Shareholder Meeting), or (iii) options or other rights to acquire from the Company any shares of capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the CompanyCompany (including any securities entitling Shareholder to vote at the Company Shareholder Meeting).

Appears in 2 contracts

Samples: Voting Agreement (Canon Investment Holdings Ltd.), Voting Agreement (Al Yousuf LLC)

Total Shares. Except for the shares of Company Common Stock set forth on the signature page hereto (including shares underlying Company Warrants or Company Compensatory Awards set forth on the signature page hereto), such Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 2 contracts

Samples: Tender and Support Agreement (Patterson David G), Tender and Support Agreement (Oracle Corp)

Total Shares. Except for the shares of Company Common Stock set forth on the signature page hereto (including shares underlying the Options and Company Compensatory Restricted Stock Awards set forth on the signature page hereto), Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 2 contracts

Samples: Tender and Support Agreement, Tender and Support Agreement (MRV Communications Inc)

Total Shares. Except for the shares of Company Common Stock set forth on the signature page hereto (including shares underlying Company Compensatory Awards any Options or Restricted Stock Units set forth on the signature page hereto), Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 1 contract

Samples: Tender and Support Agreement (CoLucid Pharmaceuticals, Inc.)

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Total Shares. Except for the shares of Company Common Stock Shares set forth on the signature page hereto (including shares Shares underlying Company Compensatory Awards set forth on Awards), as of the signature page hereto)date of this Agreement, Stockholder does not Beneficially Own beneficially own any (i) shares of capital stock or voting securities of the Company or Company, (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (in each case, iii) options or other rights to acquire (whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), ) from the Company any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eloqua, Inc.)

Total Shares. Except for the shares of Company Common Stock Shares set forth on the signature page hereto (including shares underlying Company Compensatory Awards Options set forth on the signature page hereto), Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 1 contract

Samples: Tender and Support Agreement (Ceres, Inc.)

Total Shares. Except for the shares of Company Common Stock as set forth on the signature page hereto (including shares underlying Company Compensatory Equity Awards set forth on the signature page hereto), Stockholder does not Beneficially Own any (i) shares of capital stock or voting securities of the Company or (ii) options, warrants or other rights to acquire, or securities convertible into or exchangeable for (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the CompanyCompany (collectively, but not including any Company Equity Awards, “Company Convertible Securities”).

Appears in 1 contract

Samples: Tender and Support Agreement (AutoWeb, Inc.)

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