Common use of Certain Restrictions on Transfer Clause in Contracts

Certain Restrictions on Transfer. (a) Each Stockholder agrees that it will not, directly or indirectly, make or solicit any Sale of, or create, incur, assume or suffer to exist any Encumbrance (other than a pledge or hypothecation of Oxy Shares to one or more bona fide financial institutions and any foreclosure thereof, in each case subject to Section 3.05) with respect to, any Oxy Share beneficially owned by such Stockholder other than (i) any Sale to a Permitted Transferee, (ii) any Sale for cash, Cash Equivalents or Marketable Securities that is made in compliance with the procedures, and subject to the limitations, set forth in Section 3.04, (iii) any Sale pursuant to a Public Offering or (iv) any Sale in a Rule 144 Transaction. Notwithstanding the foregoing, except as otherwise expressly provided in this Agreement, all Sales permitted by the foregoing clauses (i) and (ii) shall be subject to, and shall not be made other than in compliance with, the provisions of Sections 3.01, 3.02 and 3.05.

Appears in 3 contracts

Samples: Stockholders' Agreement (Occidental Petroleum Corp /De/), Stockholders' Agreement (Clark Usa Inc /De/), Stockholders' Agreement (Premcor Inc)

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Certain Restrictions on Transfer. (a) Each Stockholder -------------------------------- agrees that it will not, directly or indirectly, make or solicit any Sale of, or create, incur, assume or suffer to exist any Encumbrance (other than a pledge or hypothecation of Oxy Shares to one or more bona fide financial institutions and any foreclosure thereof, in each case subject to Section 3.05) with respect to, to any Oxy Share beneficially owned by such Stockholder other than (i) any Sale to a Permitted Transferee, (ii) any Sale for cash, Cash Equivalents or Marketable Securities to a Third Party that is made in compliance with the procedures, and subject to the limitations, set forth in Section 3.043.04 (if applicable), (iii) any Sale pursuant to a Public Offering or (iv) any Sale in a Rule 144 Transaction. Notwithstanding the foregoing, except as otherwise expressly provided in this Agreement, all Sales permitted by the foregoing clauses (i) and (ii) shall be subject to, and shall not be made other than in compliance with, the provisions of Sections 3.01, 3.02 and 3.05.

Appears in 2 contracts

Samples: Capital Contribution Agreement (Neches River Holding Corp), Capital Contribution Agreement (Neches River Holding Corp)

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Certain Restrictions on Transfer. (a) Each Stockholder agrees that it will not, directly or indirectly, make or solicit any Sale of, or create, incur, assume or suffer to exist any Encumbrance (other than a pledge or hypothecation of Oxy Shares to one or more bona fide financial institutions and any foreclosure thereof, in each case subject to Section 3.05) with respect to, to any Oxy Share beneficially owned by such Stockholder other than (i) any Sale to a Permitted Transferee, (ii) any Sale for cash, Cash Equivalents or Marketable Securities to a Third Party that is made in compliance with the procedures, and subject to the limitations, set forth in Section 3.043.04 (if applicable), (iii) any Sale pursuant to a Public Offering or (iv) any Sale in a Rule 144 Transaction. Notwithstanding the foregoing, except as otherwise expressly provided in this Agreement, all Sales permitted by the foregoing clauses (i) and (ii) shall be subject to, and shall not be made other than in compliance with, the provisions of Sections 3.01, 3.02 and 3.05.

Appears in 1 contract

Samples: Stockholders' Agreement (Premcor Inc)

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