Common use of Rights Certificate Holder Not Deemed a Stockholder Clause in Contracts

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, the Preferred Shares or other shares of capital stock of any class of the Company which may at the time be issuable upon exercise of the Rights represented thereby; nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, to give or withhold consent to any corporate action, to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) or to receive dividends, subscription rights or other distributions, until the Rights represented by such Rights Certificate shall have been exercised, in whole or in part, in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No -------------------------------------------------- holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one one- thousandths of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 25 (Notice of Certain Events)), or to receive dividendsdividends or ------------------------ subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holderholder of a Right or a Rights Certificate, as such, of any Rights Certificate shall be entitled to vote, to receive dividends in respect of or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, the of Junior Preferred Shares or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon the exercise of the Rights represented thereby; Rights, nor shall anything contained herein in this Agreement or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders of the Company at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders of the Company (except as provided set forth in Section 25) ), or to receive dividends, dividends or subscription rights in respect of any such stock or other distributionssecurities, or otherwise, until the Right or Rights represented evidenced by such certificate for Common Shares or Rights Certificate Certificate, as the case may be, shall have been exercised, in whole or in part, exercised in accordance with the provisions hereofof this Agreement.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one-hundredths of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which that may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 24 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, -------------------------------------------------- as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one one-hundredths (1/100ths) of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 25 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No -------------------------------------------------- holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, the Preferred Shares or other shares of capital stock of any class of the Company which may at the time be issuable upon exercise of the Rights represented thereby; nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, to give or withhold consent to any corporate action, to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) or to receive dividends, subscription rights or other distributions, until the Rights represented by such Rights Certificate shall have been exercised, in whole or in part, in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the Preferred Shares or other number of shares of capital stock of Common Stock or any class Note or any other securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder or a holder of a Note of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders or holders of Notes (except as provided in Section 25) 24 hereof), or to receive dividendsdividend, subscription rights or other distributionspayments of principal or interest, or otherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the Units of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon the exercise of the Rights represented thereby; , nor shall anything contained herein in this Agreement or in any Rights Certificate be construed (i) to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, (ii) to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25), (iii) or to receive dividendsdividends or subscription rights, subscription or (iv) to confer any other rights or other distributionsas a stockholder otherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereofthis Agreement.

Rights Certificate Holder Not Deemed a Stockholder. No holderholder of a Right or a Rights Certificate, as such, of any Rights Certificate shall be entitled to vote, to receive dividends in respect of or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, the of Junior Preferred Shares or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon the exercise of the Rights represented thereby; Rights, nor shall anything contained herein in this Agreement or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided set forth in Section 25) ), or to receive dividends, dividends or subscription rights in respect of any such stock or other distributionssecurities, or otherwise, until the Right or Rights represented evidenced by such certificate for Common Shares, Series D Preferred Stock, Series E Preferred Stock or Series G Preferred Stock or Rights Certificate Certificate, as the case may be, shall have been exercised, in whole or in part, exercised in accordance with the provisions hereofof this Agreement.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one one-thousandths of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon the exercise of the Rights represented thereby; , nor shall anything contained herein in this Agreement or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 25 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of shares (in one one-hundredth (.01) of a share increments) of Series A Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 24 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate Certificate, by means of such possession, shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one one-thousandths of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, by means of such possession, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereofthereof (including, without limitation, the election of directors), or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 24 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holderholder of a Right or a Rights Certificate, as such, of any Rights Certificate shall be entitled to vote, to receive dividends in respect of or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, the of Junior Preferred Shares or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon the exercise of the Rights represented thereby; Rights, nor shall anything contained herein in this Agreement or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided set forth in Section 25) ), or to receive dividends, dividends or subscription rights in respect of any such stock or other distributionssecurities, or otherwise, until the Right or Rights represented evidenced by such certificate for Common Shares, Series D Preferred Stock or Series E Preferred Stock or Rights Certificate Certificate, as the case may be, shall have been exercised, in whole or in part, exercised in accordance with the provisions hereofof this Agreement.

Rights Certificate Holder Not Deemed a Stockholder. No holder-------------------------------------------------- holder of a Right or a Rights Certificate, as such, of any Rights Certificate shall be entitled to vote, to receive dividends in respect of or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, the of Junior Preferred Shares or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon the exercise of the Rights represented thereby; Rights, nor shall anything contained herein in this Agreement or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders of the Company at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders of the Company (except as provided set forth in Section 25) ), or to receive dividends, dividends or subscription rights in respect of any such stock or other distributionssecurities, or otherwise, until the Right or Rights represented evidenced by such certificate for Common Shares or Rights Certificate Certificate, as the case may be, shall have been exercised, in whole or in part, exercised in accordance with the provisions hereofof this Agreement.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one three-hundredths of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights evidenced by either a certificate for Common Stock or by any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 25 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such certificate for Common Stock or Rights Certificate Certificate, as the case may be, shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of shares (in one one-thousandth (.001) of a share increments) of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings meeting or other actions affecting stockholders (except as provided in Section 25) 24 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder ofof the number of one one-hundredths of a share of Preferred Stock or any other securities, the Preferred Shares cash or other shares of capital stock of any class property of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 25 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsto institute any derivative action or otherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder of, of the number of one one-thousandths of a share of Preferred Shares Stock or any other shares of capital stock of any class securities of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the Company, Company or any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 25 hereof), or to receive dividendsdividends or subscription rights, subscription rights or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole exercised or in part, exchanged in accordance with the provisions hereof.

Rights Certificate Holder Not Deemed a Stockholder. No holder, as such, of any Rights Certificate shall be entitled to vote, to receive dividends or other distributions on or to exercise any preemptive rights with respect to, or shall be deemed for any other purpose to be the holder ofof the number of shares of Class A Preferred Stock or the number of one one-hundredths of a share of Junior Preferred Stock or any other securities, the Preferred Shares cash or other shares of capital stock of any class property of the Company which may at the any time be issuable upon on the exercise of the Rights represented thereby; , nor shall anything contained herein in this Agreement or in any Rights Certificate be construed to confer upon the holder of any Rights Certificate, as such, any of the rights of a stockholder of the CompanyCompany or including, or without limitation, any right to vote for the election of directors or upon any other matter submitted to stockholders at any meeting thereof, or to give or withhold consent to any corporate action, or to receive notice of meetings or other actions affecting stockholders (except as provided in Section 25) 24 of this Agreement), or to receive dividends, distributions or subscription rights rights, or other distributionsotherwise, until the Right or Rights represented evidenced by such Rights Certificate shall have been exercised, in whole or in part, exercised in accordance with the provisions hereofof this Agreement.