By DSW Sample Clauses

By DSW. In case DSW after the date hereof, but prior to the consummation of a Spin-Off and satisfaction of the Company’s obligations pursuant to Section 3.3(b), (a) shall consolidate with or merge into any other Person and shall not be the continuing or surviving corporation of such consolidation or merger, or (b) shall permit any other Person to consolidate with or merge into DSW and DSW shall be the continuing or surviving Person but, in connection with such consolidation or merger, the DSW Stock or Other Securities of DSW shall be changed into or exchanged for stock or other securities of any other Person or cash or any other property, or (c) shall transfer all or substantially all of its properties or assets to any other Person, or (d) shall effect a capital reorganization or reclassification of the DSW Stock or Other Securities of DSW (other than a capital reorganization or reclassification for which adjustment in the Purchase Price and the number of shares of DSW Stock obtainable upon exercise of this Warrant is provided in Section 3.4), then, the Holder of this Warrant, upon the exercise hereof for DSW Stock at any time after the consummation of such transaction, shall be entitled to receive (at the aggregate DSW Stock Purchase Price in effect at the time of such consummation for all DSW Stock or Other Securities issuable upon such exercise immediately prior to such consummation), in lieu of the DSW Stock or Other Securities issuable upon such exercise prior to such consummation, the highest amount of securities, cash or other property to which such Holder would actually have been entitled as a shareholder upon such consummation if such Holder had exercised this Warrant for DSW Stock immediately prior thereto, subject to adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Sections 3 through 5.
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By DSW. (i) Except as otherwise provided in this Agreement with respect to Continuing DSW Customers prior to December 31, 2014, during the Term, DSW shall not, directly or indirectly, provide, or contract with or arrange for a third party to provide, the 3 or 5 gallon bottled water retail exchange service on behalf of itself or anyone other than Primo in the Territory.

Related to By DSW

  • By Company The Company may terminate the Executive’s employment under this Agreement by giving Notice of Termination to the Executive:

  • By Seller At Closing, Seller shall deliver to Buyer the following:

  • BY PARTIES The parties are entering into this Agreement for the allotment of an Apartment with the full knowledge of all laws, rules, regulations, notifications applicable to the Project.

  • By Either Party Either party may terminate this Agreement for convenience at any time effective after the first (1st) anniversary of the Installation Date by providing ninety (90) days' prior written notice to the other party at any time thereafter.

  • By Purchaser Purchaser represents and warrants to Seller that:

  • By Licensor Licensor will indemnify, defend and hold harmless Licensee and its Affiliates, and their respective directors, officers and employees (“Licensee Indemnitees”) from and against any and all Third Party Claims and associated Liabilities to the extent arising directly or indirectly from any material breach by Licensor of the terms of this Agreement..

  • By Buyer At Closing, Buyer shall deliver to Seller the following:

  • Indemnity by Licensee ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ :

  • By Executive Executive may terminate his employment at any time, for any reason, upon giving Notice of Termination.

  • By You You may cancel this policy at any time by giving us written notice or returning the policy to us and stating when thereafter the cancellation is to be effective.

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