Certain Covenants and Acknowledgments. 9 (a) Transfer Restrictions................................................ 9 -19-
Certain Covenants and Acknowledgments. The Company undertakes and agrees to make all necessary filings in connection with the exchange effected hereby under any United States laws and regulations, and to provide a copy thereof to Xxxxxxx promptly after such filing.
Certain Covenants and Acknowledgments a. Covenants and Acknowledgements of the Buyer.
Certain Covenants and Acknowledgments. 9 (a) Transfer Restrictions.......................... 9 (b)
Certain Covenants and Acknowledgments. The Company undertakes and agrees to make all necessary filings in connection with the exchange effected hereby under any United States laws and regulations, and to provide a copy thereof to MSF promptly after such filing.
Certain Covenants and Acknowledgments. Section 6 of the Subscription Agreement is amended as follows:
Certain Covenants and Acknowledgments a.The execution of this Agreement and the consummation of the transactions contemplated by this Agreement will not result in the material breach of any term or provision of, or constitute an event of default under, any material debt instrument, which may include an indenture, mortgage, deed of trust or other contract, agreement or instrument to which Seller is a party or to which the Shares are subject. Seller has full power, authority and legal right and has taken all action required by law or otherwise to authorize the execution and delivery of this Agreement.
Certain Covenants and Acknowledgments. 27 (a) Transfer Restrictions. 27 (b) Restrictive Legends. 28 (c) Accounting Treatment. 29 (d) Conversion Agent Instruction. 32 (e) Form D. 33 (f) AMEX Listing; Reporting Status. 33 (g) Use of Proceeds. 33 (h) State Securities Laws. 34 (i) Limitation on Certain Actions. 34 (j) Best Efforts. 35 (k) Short Sales. 35
Certain Covenants and Acknowledgments. (a) The Buyer acknowledges that (1) none of the Shares, the Warrant or the Warrant Shares have been registered under the provisions of the 1933 Act, and none of them may be transferred unless (A) subsequently registered thereunder, as provided for herein, or (B) the Buyer shall have delivered to the Company and the Depositary, if required, an opinion of counsel, reasonably satisfactory in form, scope and substance to the Company, to the effect that the Shares, the Warrant or the Warrant Shares to be sold or transferred may be sold or transferred pursuant to an exemption from such registration, and (2) any sale of the Shares, the Warrant or Warrant Shares made in reliance on Rule 144 promulgated under the 1933 Act may be made only in accordance with the terms of said Rule and further, if said Rule is not applicable, any resale of such securities under circumstances in which the seller, or the person through whom the sale is made, may be deemed to be an underwriter, as that term is used in the 1933 Act, may require compliance with some other exemption under the 1933 Act or the rules and regulations of the SEC thereunder.
Certain Covenants and Acknowledgments. 6.1 By execution of this Agreement, each Holder hereby acknowledges that he or she has received the Solicitation Statement, has had adequate time and opportunity to consider the disclosure contained therein, and has reviewed such Solicitation Statement with the Lead Legal Representative.
