Waiver of Dividend. The Sellers hereby irrevocably waive their right to receive with respect to the Exchange Shares, and hereby instruct Parent not to pay to the Sellers in respect of the Exchange Shares, any dividend declared by the Board of Directors of Parent payable to holders of record of Parent as of a record date prior to the Effective Time of the Merger.
Waiver of Dividend. Notwithstanding anything herein to the contrary, the timing or amount of any payment of Accrued Dividends owing to the holders of Series A Preferred Stock hereunder may be waived by the written consent or affirmative vote of the holders of at least seventy percent (70%) of the outstanding shares of Series A Preferred Stock then outstanding.
Waiver of Dividend. The Company and Holder hereby irrevocably agree, effective on of the Effective Date, and without any further action on the part of the Holder, to forever waive any obligation to pay or right to receive any past or future Dividends pursuant to the Certificate of Designations, and in consideration therefor, the Holder shall be issued such number of shares of Common Stock listed opposite such Holder’s name under the column, “Dividend Waiver Shares to be Issued,” as set forth on Schedule A annexed hereto (the “Dividend Waiver Shares” and, collectively with the Exchange Shares and the PS Shares, the “Securities”).
Waiver of Dividend. Notwithstanding anything herein to the contrary, the timing or amount of any payment of Accrued Dividends owing to the holders of Series A Preferred Stock hereunder may be waived by the written consent or affirmative vote of the Preferred Supermajority (as hereinafter defined in Section 3(c) below).
Waiver of Dividend. Effective at the Initial Closing, each Original Stockholder that is a holder of the Company's Series A Preferred Stock waives any and all right to receive any and all dividends declared or payable with respect to the Series A Preferred Stock including without limitation the dividend declared by the Company's Board of Directors described in Item (v)(A) of Schedule 2.02(g) hereto.
Waiver of Dividend. By execution of this Agreement Stockholder waives and relinquishes forever any rights it may have had to any dividend resulting from its ownership of Series A or Series B Preferred Stock.
Waiver of Dividend. Notwithstanding anything to the contrary contained in the Certificate of Designations with respect to the Series A Preference Shares, the Siemens Holders, for themselves and their successors in interest, hereby irrevocably waive any right to receive dividends (i) at any time pursuant to Section 2(a) of such Certificate of Designations, if and to the extent that, on or prior to December 15, 1997, Siemens and the Company shall have executed and delivered definitive documentation with respect to the Joint Venture and (ii) pursuant to Section 2(a) of such Certificate of Designations following the termination of the Make-Whole Agreement.
Waiver of Dividend. The Company and Holder acknowledge and agree that they shall not receive any Parent Preferred Stock in the Parent Preferred Stock Issuance. The Company and Holder, each for and on behalf of itself and its successors and assigns, hereby unconditionally and irrevocably (a) waives (i) any and all rights to receive any Parent Preferred Stock pursuant to, in connection with or as a result of the Parent Preferred Stock Issuance and (ii) all rights to notice, whether under the certificate of incorporation or by-laws of Parent, applicable Law or otherwise, in connection with the Parent Preferred Stock Issuance, (b) directs Parent not to (i) issue any such Parent Preferred Stock to the Company or Holder or (ii) record or cause or permit Parent’s transfer agent to reflect the Company or Holder as a record or beneficial owner thereof and (c) authorizes, approves and consents to the Parent Preferred Stock Issuance in all respects and for all purposes of applicable Law. Each of the Company and Holder, for and on behalf of itself and its successors and assigns, hereby releases and discharges Parent, its successors and assigns from any and all claims and liabilities of any sort or description, whether asserted or unasserted, known or unknown or unknowable except with the passage of time, matured or unmatured, arising out of or relating to the Parent Preferred Stock Issuance. From and after the date of this Agreement, upon request of Parent, the Company and Holder will do all things, execute and deliver to Parent such instruments, documents or other writings as may be reasonably necessary or desirable to confirm and carry out and to effectuate fully the intent and purposes of this Section 2.16.
Waiver of Dividend. 9.1 Within 30 days after the Closing Date, CYGNI intends to engage in either a stock split or stock dividend (the “Dividend”) pursuant to which each of the current stockholders of CYGNI will receive nine (9) shares of the common stock of CYGNI in addition to each share currently owned by such shareholder. The parties hereto acknowledge that as a condition to the purchase of the common shares of XLG, such XLG stockholders must waive any and all rights to receipt of the Dividend.
Waiver of Dividend. Wood hereby agrees to waive its right to receive cash dividends at the rate of 12% of the Stated Value per share per annum, and to have unpaid dividends accrue as provided under Section 7 of the Certificate of Designation for the period from June 1, 2010 to December 31, 2010 (the “Waiver Period”). Wood hereby further agrees that during the Waiver Period, the dividend payable pursuant to Section 7 of the Certificate of Designation shall be reduced to 8% of the Stated Value and for all purposes during the Waiver Period, any references to dividends in the Certificate of Designation shall mean an 8% dividend.
