Future Stockholders. The Corporation shall require each Person that acquires Equity Securities entitling them either directly or indirectly to hold more than one percent (1%) of the Common Stock of the Corporation (on a fully-diluted basis) after the date hereof (a “Future Stockholder”), as a condition to the effectiveness of such acquisition, to execute a counterpart to this Agreement, agreeing to be treated as a Prior Stockholder, if such Person acquires Equity Securities from a Prior Stockholder, agreeing to be treated as a Series A Investor if such Person acquires Equity Securities from a Series A Investor or agreeing to be treated as a Series C Investor if such Person acquires Equity Securities from a Series C Investor, whereupon such Person shall be bound by, and entitled to the benefits of, the provisions of this Agreement relating to such Prior Stockholder, Series A Investor or Series C Investor, as the case may be.
Appears in 2 contracts
Sources: Stockholders Agreement (Nexsan Corp), Stockholders’ Agreement (Nexsan Corp)