Common use of No Derivatives Clause in Contracts

No Derivatives. Except for the Company Shares attributed to such Shareholder on Exhibit A or as disclosed in the Company Disclosure Letter, the Shareholder does not hold, nor is the Shareholder entitled to receive, any options, warrants, rights, convertible or exchangeable securities, “phantom” stock rights, stock appreciation rights, stock-based performance units, commitments, Contracts (as defined in Section 3.05), arrangements or undertakings of any kind to which the Company is a party or by which any of them is bound (i) obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold, additional capital shares or other equity interests in, or any security convertible or exercisable for or exchangeable into any capital shares of or other equity interest in, the Company or any Voting Company Debt (as defined in Section 3.03), (ii) obligating the Company to issue, grant, extend or enter into any such option, warrant, call, right, security, commitment, Contract, arrangement or undertaking or (iii) that give any person the right to receive any economic benefit or right similar to or derived from the economic benefits and rights occurring to holders of the capital shares of the Company.

No Derivatives. Except for any securities described in the Company Shares attributed to such Shareholder on Exhibit A Recitals or as disclosed in the Company Disclosure LetterLetter (as defined below), the Shareholder Member does not hold, nor is the Shareholder Member entitled to receive, any options, warrants, rights, convertible or exchangeable securities, “phantom” stock rights, stock appreciation rights, stock-based performance units, commitments, Contracts (as defined in Section 3.05)Contracts, arrangements or undertakings of any kind to which the Company or any Company Subsidiary is a party or by which any of them is bound (i) obligating the Company or any Company Subsidiary to issue, deliver or sell, or cause to be issued, delivered or sold, additional capital shares membership interests or other equity interests in, or any security convertible or exercisable for or exchangeable into any capital shares membership interests of or other equity interest in, the Company or any Company Subsidiary or any Voting Company Debt (as defined in Section 3.03)Debt, (ii) obligating the Company or any Company Subsidiary to issue, grant, extend or enter into any such option, warrant, call, right, security, commitment, Contract, arrangement or undertaking or (iii) that give any person the right to receive any economic benefit or right similar to or derived from the economic benefits and rights occurring to holders of the capital shares membership interests of the CompanyCompany or of any Company Subsidiary.