Common use of Total Shares Clause in Contracts

Total Shares. Except for the Shares set forth on the signature page hereto (including Shares underlying Company Compensatory Awards), Stockholder does not beneficially own any (i) shares of capital stock or voting securities of the Company, (ii) securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 4 contracts

Samples: Form of Voting Agreement (Taleo Corp), Voting Agreement (Rightnow Technologies Inc), Voting Agreement (Rightnow Technologies Inc)

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Total Shares. Except for the Shares shares of Company Common Stock set forth on the signature page hereto (including Shares shares underlying Company Compensatory AwardsAwards set forth on the signature page hereto), Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Micros Systems Inc), Agreement and Plan of Merger (Micros Systems Inc), Agreement and Plan of Merger (Responsys Inc)

Total Shares. Except for the Shares shares of Company Common Stock set forth on the signature page hereto (including Shares shares underlying Company Warrants or Company Compensatory AwardsAwards set forth on the signature page hereto), Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 3 contracts

Samples: Tender and Support Agreement (Textura Corp), Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Patterson David G)

Total Shares. Except for the Shares shares of Company Common Stock set forth on the signature page hereto (including Shares shares underlying Company Compensatory Awardsany Options or Restricted Stock Units set forth on the signature page hereto), Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 2 contracts

Samples: Tender and Support Agreement, Tender and Support Agreement (CoLucid Pharmaceuticals, Inc.)

Total Shares. Except for the Shares shares of Company Common Stock set forth on the signature page hereto (including Shares shares underlying the Options and Company Compensatory AwardsRestricted Stock Awards set forth on the signature page hereto), Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 2 contracts

Samples: Tender and Support Agreement (MRV Communications Inc), Tender and Support Agreement

Total Shares. Except for the Shares shares of Company Common Stock set forth on the signature page hereto (including Shares shares underlying Company Warrants or Company Compensatory AwardsAwards set forth on the signature page hereto), such Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 2 contracts

Samples: Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Patterson David G)

Total Shares. Except for the Shares set forth on the signature page Annex I hereto (including Shares underlying Company Compensatory Awards), as of the date of this Agreement, Stockholder does not beneficially own any (i) shares of capital stock or voting securities of the Company, (ii) securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 1 contract

Samples: Form of Voting Agreement (Acme Packet Inc)

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Total Shares. Except for the Shares as set forth on the signature page hereto (including Shares shares underlying Company Compensatory AwardsEquity Awards set forth on the signature page hereto), Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the CompanyCompany (collectively, but not including any Company Equity Awards, “Company Convertible Securities”).

Appears in 1 contract

Samples: Tender and Support Agreement (AutoWeb, Inc.)

Total Shares. Except for the Shares set forth on the signature page hereto (including Shares underlying Company Compensatory Awards), as of the date of this Agreement, Stockholder does not beneficially own any (i) shares of capital stock or voting securities of the Company, (ii) securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eloqua, Inc.)

Total Shares. Except for the Shares set forth on the signature page hereto (including Shares shares underlying Company Compensatory AwardsOptions set forth on the signature page hereto), Stockholder does not beneficially own Beneficially Own any (i) shares of capital stock or voting securities of the Company, Company or (ii) options, warrants or other rights to acquire, or securities of the Company convertible into or exchangeable for shares of capital stock or voting securities of the Company or (iii) options or other rights to acquire (in each case, whether currently, upon lapse of time, following the satisfaction of any conditions, upon the occurrence of any event or any combination of the foregoing) from the Company ), any capital stock, voting securities or securities convertible into or exchangeable for capital stock or voting securities of the Company.

Appears in 1 contract

Samples: Tender and Support Agreement (Ceres, Inc.)

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