Waiver of Dividends. Notwithstanding the obligation of conversion set forth in Section 1.1, if for any reason any Stockholder shall not have converted such Stockholder’s shares of Company Preferred Stock prior to November 14, 2011 (the “Dividend Accrual End Date”) or such conversion shall not have been effective by such date (including as contemplated by the procedures set forth in Section 1.3(b)), such Stockholder hereby waives (for itself and any successor in interest or transferee of any shares of the Company Preferred Stock) any right such Stockholder may have to any dividends (in any form whatsoever) which may accrue or have accrued, or may become payable, at any time after the Dividend Accrual End Date but on or prior to November 30, 2011 with respect to such shares of Company Preferred Stock except as set forth in the immediately following sentence. The waiver contemplated by this Section 1.2 shall be irrevocable; provided, however, that the waiver contemplated by this Section 1.2 shall automatically be revoked without any further or required action on the part of Parent, Merger Sub or such Stockholder following the termination of the Merger Agreement occurring prior to any acceptance for payment by Parent or Merger Sub of, or payment by Parent or Merger Sub for, shares of Company Common Stock tendered in the Offer. Without limitation to any right of Parent or Merger Sub hereunder, the Company and its successors and assigns are intended third party beneficiaries of this Section 1.2, and this Section 1.2 shall be enforceable by the Company and its successors and assigns.
Waiver of Dividends. 121.1 The waiver in whole or in part of any dividend on any share by any document (whether or not under seal) shall be effective only if such document is signed by the relevant member or transmittee and delivered to the Company and if or to the extent that it is accepted as such or acted upon by the Company.
Waiver of Dividends. Effective as of the Closing Date, the Holder hereby irrevocably waives any and all claims, demands, suits, actions, causes of action and rights whatsoever at law or in equity, now existing or arising relating to any accrued and unpaid dividends on the shares of Series B Preferred Stock. The Holder hereby acknowledges and agrees that it shall not commence or prosecute in any way, or cause to be commenced or prosecuted, any action in any court relating to such accrued and unpaid dividends.
Waiver of Dividends. By execution of this Agreement, the Shareholders hereby waive any rights to dividends on the outstanding shares of Series A Preferred accruing from April 1, 2001 to June 30, 2002, and hereby agree that the payment or declaration of any dividends to the holders of Series A Preferred under the Articles of Incorporation shall be subject to the prior approval of the Company's senior lender.
Waiver of Dividends. The Holder agrees to waive the receipt of --------------------- all dividends that have accrued and remain unpaid as of the Exchange Date, or that will accrue from the Exchange Date through September 9, 2005, on the Series A Preferred Stock; provided, however, that if the Company does not obtain Stockholder Approval or file the Series A Amendment as required hereby on or before September 9, 2005, such waiver will expire and all such accrued but unpaid dividends will become immediately due and payable in cash.
Waiver of Dividends. The Trustee shall waive or otherwise forgo any dividends to be paid at any time on any Shares for the time being comprised in the Trust Fund (and any shares replacing them following an exchange of shares on the acquisition of the Company) if the rate at which such dividend is to be paid is more than 0.001p per share unless and to the extent that the Trustee is otherwise directed by the Company
Waiver of Dividends. Until the Company directs the Trustee otherwise, the Trustee shall waive its entitlement to dividends on Shares comprised in the Trust Fund.
Waiver of Dividends. Each Holder hereby waives its right to receive any and all accrued and unpaid dividends, if any, with regard to the Exchange Shares, whether declared or undeclared, under the certificate of designation for the Series B Preferred Stock, the Certificate of Incorporation or otherwise. Notwithstanding anything to the contrary contained herein, the foregoing waiver shall become effective and binding on each Holder upon such Holder’s execution of this Agreement, whether or not any other Holder has executed this Agreement.
Waiver of Dividends. In consideration of the agreements set forth herein, Aisling and Xxxxxx waive their right to receive dividends on the Series B-1 Stock and Series C-1 Stock for the quarters ended September 30, 2007 and December 31, 2007.
Waiver of Dividends. All holders of DSG capital stock as to which any unpaid dividends shall have accrued shall have, prior to the Effective Date, for consideration satisfactory to such holders, waived and released all rights to receive those dividends.
