ADDITIONAL RIGHTS OF THE HOLDER Sample Clauses

ADDITIONAL RIGHTS OF THE HOLDER. So long as this Warrant shall be outstanding, the Holder shall (i) be entitled to registration, co-sale, pre-emptive and similar rights with respect to the shares of Common Stock purchasable hereunder, (ii) be obligated under certain circumstances to sell a portion of the shares of Common Stock purchasable hereunder, and (iii) be entitled to receive various financial and related information from the Company, each to the same extent as those purchasers purchasing shares of the Company's Series C Preferred Stock pursuant to the Series C Stock Purchase Agreement.
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ADDITIONAL RIGHTS OF THE HOLDER. So long as this Warrant shall be ------------------------------- outstanding, the Holder shall be entitled to (i) registration, co-sale and similar rights with respect to the shares of Series B Preferred Stock purchasable hereunder and (ii) the receipt of various financial and related information from the Company, each to the same extent as those purchasers purchasing shares of the Company's Series B Preferred Stock pursuant to the Stock Purchase Agreement, as amended as of August 4, 1997 and the Investors' Rights Agreement dated as of July 15, 1997 by and between the Company, the purchasers listed therein and the other parties thereto.
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ADDITIONAL RIGHTS OF THE HOLDER. Notwithstanding anything to the contrary in the Certificate of Incorporation or Articles of the Company or the charter documents of any Subsidiary, which the parties hereby agree to amend to be consistent with this Agreement to the extent permitted by Applicable Laws:
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ADDITIONAL RIGHTS OF THE HOLDER. In the event the Borrower's EBITDA for the calendar quarter ending September 30, 2006 shall not equal at least $5,000,000, the Holder shall have the right (but not the obligation), exercisable by delivery of written notice to the Borrower prior to the Maturity Date, to extend the Maturity Date to March 31, 2007. If the Maturity Date is so extended and the Borrower's EBITDA does not equal $5,000,000 for the calendar quarter ending December 31, 2006 (this quarter and each quarter thereafter which immediately precedes the calendar quarter ending on the then applicable Maturity Date, is hereinafter referred to as an "EBITDA Measuring Quarter"), the Holder shall have the right (but not the obligation), exercisable by delivery of written notice to the Borrower prior to March 31, 2007, to extend the term of the Note for an additional calendar quarter. The Holder shall then have the continuing right (but not the obligation), exercisable by delivery of written notice to the Borrower prior to the then applicable Maturity Date, to so extend the term of the Note for an additional calendar quarter if the Borrower's EBITDA for the applicable Measuring Quarter does not at least equal $5,000,000. For purposes of this Agreement, the Borrower's EBITDA shall be its earnings before interest, taxes, depreciation and amortization, as determined under generally accepted accounting principles on a consolidated basis. The Borrower shall notify the Holder in writing of the Borrower's EBITDA within 45 days of the end of the applicable EBITDA Measuring Quarter, failing which the EBITDA shall be deemed to be less than $5,000,000 for such period.
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Related to ADDITIONAL RIGHTS OF THE HOLDER

  • Rights of the Holder The Holder shall not, by virtue hereof, be entitled to any rights of a stockholder in the Company, either at law or equity, and the rights of the Holder are limited to those expressed in this Warrant and are not enforceable against the Company except to the extent set forth herein.

  • Additional Rights Our rights under this Clause shall be in addition and without prejudice to other rights of disclosures available pursuant to the Banking Act, Chapter 19 of Singapore (as may be amended and substituted from time to time) or any other statutory provision and in law and nothing herein is to be construed as limiting any of these other rights.

  • RIGHTS OF THE UNION Section 4.1. The Union has the right and responsibility to represent the interests of all employees in the unit; to present its views to the District on matters of concern, either orally or in writing; and to enter collective negotiations with the object of reaching an agreement applicable to all employees within the bargaining unit.

  • Rights of the Controlling Note Holder (a) The Controlling Note Holder shall have the right at any time to appoint a representative in connection with the exercise of its rights and obligations with respect to the Mortgage Loan (the “Controlling Note Holder Representative”). The Controlling Note Holder shall have the right in its sole discretion at any time and from time to time to remove and replace the Controlling Note Holder Representative. When exercising its various rights under Section 5 and elsewhere in this Agreement, the Controlling Note Holder may, at its option, in each case, act through the Controlling Note Holder Representative. The Controlling Note Holder Representative may be any Person (other than the Mortgage Loan Borrower, its principal or any Affiliate of the Mortgage Loan Borrower), including, without limitation, the Controlling Note Holder, any officer or employee of the Controlling Note Holder, any affiliate of the Controlling Note Holder or any other unrelated third party. No such Controlling Note Holder Representative shall owe any fiduciary duty or other duty to any other Person (other than the Controlling Note Holder). All actions that are permitted to be taken by the Controlling Note Holder under this Agreement may be taken by the Controlling Note Holder Representative acting on behalf of the Controlling Note Holder. Any Servicer acting on behalf of the Lead Securitization Note Holder shall not be required to recognize any Person as a Controlling Note Holder Representative until the Controlling Note Holder has notified such Servicer or Trustee of such appointment and, if the Controlling Note Holder Representative is not the same Person as the Controlling Note Holder, the Controlling Note Holder Representative provides any Servicer or Trustee with written confirmation of its acceptance of such appointment, an address and telecopy number for the delivery of notices and other correspondence and a list of officers or employees of such person with whom the parties to this Agreement may deal (including their names, titles, work addresses and telecopy numbers). The Controlling Note Holder shall promptly deliver such information to any Servicer. None of the Servicers, Operating Advisor and Trustee shall be required to recognize any person as a Controlling Note Holder Representative until they receive such information from the Controlling Note Holder. The Controlling Note Holder agrees to inform each such Servicer or Trustee of the then-current Controlling Note Holder Representative.

  • Additional Rights and Remedies The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

  • Rights of a Shareholder Employee shall have no rights as a shareholder with respect to any shares covered by this Agreement until the date of issuance of a stock certificate to him for such shares. Except as otherwise provided herein, no adjustment shall be made for dividends or other rights for which the record date is prior to the date such stock certificate is issued.

  • Registration Rights of Third Parties Except as set forth in the Registration Statement, the Pricing Disclosure Package and the Prospectus, no holders of any securities of the Company or any rights exercisable for or convertible or exchangeable into securities of the Company have the right to require the Company to register any such securities of the Company under the Securities Act or to include any such securities in a registration statement to be filed by the Company.

  • Rights of the Parties Nothing expressed or implied in this Agreement is intended or will be construed to confer upon or give any Person other than the parties hereto any rights or remedies under or by reason of this Agreement or any transaction contemplated hereby.

  • Certain Additional Rights of Lender (VCOC) Notwithstanding anything to the contrary contained in this Agreement, Lender shall have:

  • Rights of a Stockholder Prior to the time a Restricted Share is fully vested hereunder, the Employee shall have no right to transfer, pledge, hypothecate or otherwise encumber such Restricted Share. During such period, the Employee shall have all other rights of a stockholder, including, but not limited to, the right to vote and to receive dividends (subject to Section 2(a) hereof) at the time paid on such Restricted Shares.

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