Common use of WARRANT HOLDER NOT DEEMED A STOCKHOLDER Clause in Contracts

WARRANT HOLDER NOT DEEMED A STOCKHOLDER. Except as otherwise specifically provided herein, prior to the exercise of the Warrants represented hereby, the holder of this Warrant shall not be entitled, as such, to any rights of a stockholder of the Company, including, without limitation, the right to vote or to consent to any action of the stockholders of the Company, to receive dividends or other distributions, to exercise any preemptive right or to receive any notice of meetings of stockholders of the Company, and shall not be entitled to receive any notice of any proceedings of the Company. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such holder to purchase any securities (upon exercise of this Warrant or otherwise) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Appears in 3 contracts

Samples: Stockholder Agreement (New Athletics, Inc.), Stockholder Agreement (New Athletics, Inc.), Securities Purchase Agreement (Iris International Inc)

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WARRANT HOLDER NOT DEEMED A STOCKHOLDER. Except as otherwise specifically provided herein, prior to the exercise of the Warrants represented hereby, the holder of this Warrant shall not be entitled, as such, to any rights of a stockholder of the CompanyCompany with respect to the Warrant Shares, including, without limitation, the right to vote or to consent to any action of the stockholders of the Company, to receive dividends or other distributions, to exercise any preemptive right or to receive any notice of meetings of stockholders of the Company, and shall not be entitled to receive any notice of any proceedings of the Company. In addition, nothing contained in this Warrant shall be construed as imposing any liabilities on such holder to purchase any securities (except only as to the Warrant Shares upon exercise of this Warrant or otherwisein the holder's discretion) or as a stockholder of the Company, whether such liabilities are asserted by the Company or by creditors of the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (La Jolla Pharmaceutical Co), La Jolla Pharmaceutical Co

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