Section 21.8. This Agreement is intended to create a voting trust pursuant to and subject to Section 218 of the Delaware General Corporation Law. If for any reason such voting trust is determined to be invalid or unenforceable, this Agreement and the relationship of the parties hereunder shall be deemed to be and shall be reconstituted as a voting agreement under Section 218(c), and all provisions of this Agreement shall apply to the maximum extent possible to effectuate the intention of the parties that the substantive provisions hereof shall govern the voting of Shares by or for the parties hereto.
Appears in 3 contracts
Sources: Series C Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Voting Trust Agreement (Rhythms Net Connections Inc), Voting Trust Agreement (Rhythms Net Connections Inc)