No Affiliates. The Company does not have any Affiliates or subsidiaries and is not a partner in any partnership or a party to a joint venture.
No Affiliates. No Holder is, or has been at any time during the consecutive three-month period preceding the date hereof, a director, officer or “affiliate” within the meaning of Rule 144 promulgated under the Securities Act (an “Affiliate”) of the Company. To each Holder’s knowledge, such Xxxxxx did not acquire any of the Exchanged Notes, directly or indirectly, from an Affiliate of the Company.
No Affiliates. Except for Sellers and IAI or as set forth on Schedule 3.26, Company does not have any Affiliates, does not own any capital stock or other equity securities of or any debt interest in any other corporation and does not have any other type of ownership interest in any other Person.
No Affiliates. The Purchaser is not, and has not been at any time during the consecutive three-month period preceding the date hereof, a director, officer or “affiliate” within the meaning of Rule 144 promulgated under the Securities Act (an “Affiliate”) of the Company.
No Affiliates. With the exception of Codiak Securities Corporation, Codiak does not currently have, and has never had, any Affiliate.
No Affiliates. The Undersigned is not, and to the Undersigned’s knowledge, each Purchaser is not, or has not been at any time during the consecutive three-month period preceding the date hereof, a director, officer or “affiliate” within the meaning of Rule 144 promulgated under the Securities Act (an “Affiliate”) of the Company.
No Affiliates. Seller has no affiliates or affiliated business entities that have a material effect on the Business or the Purchased Assets except those set forth on Schedule 4.17.
No Affiliates. The Holder is not directly, or indirectly through one or more intermediaries, controlling or controlled by, or under direct or indirect common control with, the Company and is not, and has not been for the immediately preceding three months, an “affiliate” (within the meaning of Rule 144 under the 1933 Act) (an “Affiliate”) of the Company. To its knowledge, the Holder did not acquire any of the Warrants, directly or indirectly, from an Affiliate of the Company. The Holder and its Affiliates collectively beneficially own and will beneficially own as of the Closing (but without giving effect to the Exchange) less than 10% of the outstanding Common Stock of the Company, and immediately after giving effect to the Exchange, including, without limitation, the Blocker Provision, the aggregate number of shares of Common Stock owned by the Holder and its Affiliates, together with the aggregate number of shares equal to the notional value of any “long” derivative transaction relating to such Common Stock to which the Holder or its Affiliate is a party (excluding derivative transactions relating to broad based indices and any interest in the Warrants), will not exceed 9.99% of the outstanding Common Stock of the Company, in each case, based on the number of shares of Common Stock reported to be outstanding by the Company as set forth in Section 5(p) and, with respect to the calculation of the percentage of shares owned by the Holder out of the outstanding shares of Common Stock after giving effect to the Exchange, after giving effect to any issuance of shares of Common Stock by the Company on the Closing Date, as notified by the Company on or prior to the date hereof.
No Affiliates. Except for Seller and LDS or as set forth on Schedule 3.26, Company does not have (and has not had, during the three (3) year prior to the date of this Agreement) any Affiliates, does not own (and has not had, during the three (3) year prior to the date of this Agreement) any capital stock or other equity securities of or any debt interest in any other corporation and does not have (and has not had, during the three (3) year prior to the date of this Agreement) any other type of ownership interest in any other Person.
No Affiliates. The related Mortgagor is not an Affiliate of Seller. Except as disclosed in writing to Buyer, such Mortgage Loan does not have a Mortgagor that is an Affiliate of another Mortgagor under another Mortgage Loan that is also a Purchased Asset.
