Additional Shares. In the event that any Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, the number of Shares held by such Stockholders shall be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Nordson Corp), Agreement and Plan of Merger (Atrion Corp), Voting and Support Agreement (Nordson Corp)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Company Shares or other voting interests in or with respect to the Company, such Company Shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Company Shares held Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Acquisition Sub of any such event.
Appears in 11 contracts
Samples: Tender and Support Agreement (JHH Capital, LLC), Tender and Support Agreement (JHH Capital, LLC), Tender and Support Agreement (Kroger Co)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Subsidiary of any such event.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Micros Systems Inc), Agreement and Plan of Merger (Micros Systems Inc), Tender and Support Agreement (Textura Corp)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests interest with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, Agreement and the number of Shares held by such Stockholders shall be deemed amended to have been adjusted accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 6 contracts
Samples: Voting and Support Agreement (Herndon Dealey D), Voting and Support Agreement (Moroney James M Iii), Voting and Support Agreement (Decherd Robert W)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests interest with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held by such Stockholders shall set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Eloqua, Inc.), Form of Voting Agreement (Taleo Corp), Voting Agreement (Rightnow Technologies Inc)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on Schedule 1 hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Subsidiary of any such event.
Appears in 5 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Oracle Corp)
Additional Shares. In the event that any Stockholder Shareholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, Agreement and the number of Shares held by such Stockholders shall be deemed amended to have been adjusted accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Triumph Bancorp, Inc.), Agreement and Plan of Merger (Triumph Bancorp, Inc.)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Subsidiary and the Company of any such event.
Appears in 4 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Netsuite Inc)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests interest with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held by such Stockholders shall set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 4 contracts
Samples: Voting Agreement (Art Technology Group Inc), Voting Agreement (Phase Forward Inc), Voting Agreement (Pharsight Corp)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership the Stockholders acquire Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Company Shares or other voting interests in or with respect to the Company, such Company Shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Company Shares held Beneficially Owned by such the Stockholders shall set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder The Stockholders shall promptly notify Parent and Acquisition Sub of any such event.
Appears in 3 contracts
Samples: Tender and Support Agreement (Kroger Co), Tender and Support Agreement (Roundy's, Inc.), Tender and Support Agreement (Graftech International LTD)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Sub of any such event.
Appears in 3 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (CardConnect Corp.), Tender and Support Agreement (CoLucid Pharmaceuticals, Inc.)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on Exhibit A hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent Parent, Merger Subsidiary and the Company of any such event.
Appears in 2 contracts
Samples: Tender and Support Agreement (Adobe Systems Inc), Tender and Support Agreement (Tubemogul Inc)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Company Shares or other voting interests in or with respect to the Company, such Company Shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this AgreementAgreement and deemed “Subject Shares”, and the number of Subject Shares held by such Stockholders shall set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Acquisition Sub of any such event.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (E2open Inc), Tender and Support Agreement (Insight Venture Partners IX, L.P.)
Additional Shares. In the event that any a Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Subsidiary of any such event.
Appears in 2 contracts
Samples: Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Patterson David G)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action by any of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Subsidiary of any such event.
Appears in 2 contracts
Samples: Tender and Support Agreement (MRV Communications Inc), Tender and Support Agreement
Additional Shares. In the event that any such Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting similar interests in or with respect to the Company, such Shares shares or voting other similar interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Such Stockholder shall promptly notify Parent and Merger Sub of any such event.
Appears in 2 contracts
Samples: Tender and Support Agreement (Gurnet Holding Co), Tender and Support Agreement (Corium International, Inc.)
Additional Shares. In the event that any Significant Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests interest with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, Agreement and the number of Shares held by such Stockholders shall be deemed amended to have been adjusted accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 1 contract
Samples: Support and Stockholders Agreement (National Bank Holdings Corp)
Additional Shares. In the event that any a Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests interest with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this AgreementAgreement and the Proxy, and the number of Shares held by such Stockholders shall set forth on the signature page hereto and thereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each The Stockholder shall promptly notify Parent Arrow of any such event.
Appears in 1 contract
Samples: Stockholders Agreement (Republic Companies Group, Inc.)
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership of, or the power to vote or direct the voting of, any additional Shares or other voting interests interest with respect to the Company, such Shares or voting interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held by such Stockholders shall set forth on Annex I hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent of any such event.
Appears in 1 contract
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Company Shares or other voting interests in or with respect to the Company, such Company Shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this AgreementAgreement and deemed "Subject Shares", and the number of Subject Shares held by such Stockholders shall set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Acquisition Sub of any such event.
Appears in 1 contract
Samples: Tender and Support Agreement (Insight Venture Partners IX, L.P.)
Additional Shares. In the event that any such Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Such Stockholder shall promptly notify Parent and Merger Sub of any such event.
Appears in 1 contract
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares or other voting interests in or with respect to the Company, such Shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Merger Sub of any such event.
Appears in 1 contract
Additional Shares. In the event that any Stockholder acquires record or beneficial ownership Beneficial Ownership of, or the power to dispose of or vote or direct the disposition or voting of, any additional Shares shares or other voting interests in or with respect to the Company, such Shares shares or voting other interests shall, without further action of the parties, be deemed Subject Shares and subject to the provisions of this Agreement, and the number of Shares held shares of Company Common Stock Beneficially Owned by such Stockholders shall Stockholder set forth on the signature page hereto will be deemed amended accordingly, and such Shares or voting interests shall automatically become subject to the terms of this Agreement. Each Stockholder shall promptly notify Parent and Purchaser of any such event.
Appears in 1 contract
