Certain Rights of Holders. The Company will not file any registration statement under the Securities Act which refers to any Holder of Restricted Securities by name or otherwise without the prior approval of such Holder, which consent shall not be unreasonably withheld or delayed.
Certain Rights of Holders. The Company will not file any registration statement under the Act which refers to any holder of Registrable Securities by name or otherwise as the holder of any securities of the Company, unless it shall first have given such holder the right to require:
Certain Rights of Holders. SECTION 2.1 Trust Indenture Act; Application...............................................10 SECTION 2.2 Lists of Holders of Up-MACRO Tradeable Shares..................................10 SECTION 2.3 Reports and Filings by the Trustee.............................................10 SECTION 2.4 Registration (Initial and Continuing) of the Up-MACRO Tradeable Shares.........11
Certain Rights of Holders. The Company will not file any registration statement under the Securities Act which refers to any holder of any Notes or Registrable Securities by name or otherwise as the holder of any securities of the Company, unless it shall first have given to such holder the right to require (a) the insertion therein of language, in form and substance satisfactory to such holder, to the effect that the holding by such holder of such securities does not make such holder a "controlling person" of the Company within the meaning of the Securities Act and is not to be construed as a recommendation by such holder of the investment quality of the Company's debt or equity securities covered thereby and that such holding does not imply that such holder will assist in meeting any future financial requirements of the Company, or (b) in the event that such reference to such holder by name or otherwise is not required by the Securities Act or any rules and regulations promulgated thereunder, the deletion of the reference to such holder.
Certain Rights of Holders. Except as otherwise provided herein, each Holder of a Common Equity Unit shall have the right, which is absolute and unconditional: (i) subject to Article V, to receive each Contract Payment with respect to the Stock Purchase Contracts comprising part of such Common Equity Units on the respective Payment Dates for such Common Equity Units and (ii) except upon and following a Termination Event, to purchase shares of Common Stock pursuant to such Stock Purchase Contracts and, in each such case, to institute suit for the enforcement of any such right to receive Contract Payments and the right to 71 purchase shares of Common Stock, and such rights shall not be impaired without the consent of such Holder.
Certain Rights of Holders. Except as otherwise provided in Section 5.08, no Holder of any Note of any series shall have any right to institute any proceedings, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
Certain Rights of Holders. The validity and enforceability of this Guaranty against the Guarantor shall not be impaired or affected by any of the following, whether occurring before or after receipt by the Holders of any notice of termination of this Guaranty: (a) any extension, modification, continuation or renewal of, or indulgence with respect to, or substitutions for, the Guaranteed Debt or any part thereof or any agreement relating thereto (other than any agreement between the Purchaser or any other Holder and one or more Guarantors specifically modifying or amending the terms of this Guaranty in accordance with Section 10) at any time; (b) any failure or omission to enforce any right, power or remedy with respect to the Guaranteed Debt or any part thereof or any agreement relating thereto; (c) any waiver of any right, power or remedy or of any default with respect to the Guaranteed Debt or any part thereof; (d) any release, surrender, compromise, settlement, waiver, subordination or modification, with or without consideration, of any other guaranties with respect to the Guaranteed Debt or any part thereof, or any other obligation of any Person with respect to the Guaranteed Debt or any part thereof; (e) the enforceability or validity of the Guaranteed Debt or any part thereof or the genuineness, enforceability or validity of any agreement relating thereto; (f) the application of payments received from any source to the payment of indebtedness of the Company or any Subsidiary other than the Guaranteed Debt, or to amounts which are not covered by this Guaranty even though a Holder might lawfully have elected to apply such payments to any part or all of the Guaranteed Debt or to amounts which are not covered by this Guaranty; or (g) any other circumstances which otherwise under the laws of any jurisdiction constitute a legal or equitable discharge of a surety or a guarantor or a bar (in the nature of a moratorium or otherwise) to the enforcement of the rights of a Holder against the Company, all whether or not any Guarantor shall have had notice or knowledge of any act or omission referred to in the foregoing clauses (a) through (g) of this paragraph. The Guarantor agrees that such Guarantor's obligation to make payment in accordance with the terms of this Guaranty shall not be impaired, modified, changed, released or limited in any manner whatsoever in the event any portion of the Guaranteed Debt is invalid or unenforceable against the Company, or by any impairment, modification...
Certain Rights of Holders. 23 9.6. Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . 24 9.7. Covenants Relating to Rule 144 . . . . . . . . . . . . . . . . . 26
Certain Rights of Holders. Issuer will not file any registration statement under the Securities Act which refers to any Holder of Registrable Securities by name or otherwise as a selling shareholder without the prior written approval of such Holder, which may not be unreasonably withheld or delayed. Issuer will furnish drafts of any such registration statement to such Holder and its counsel as soon as reasonably practicable prior to the anticipated filing date in order to provide such Holder and its counsel a reasonably adequate period for review.
Certain Rights of Holders. The validity and enforceability of this Guaranty against each Guarantor shall not be impaired or affected by any of the following, whether occurring before or after receipt by the Holders of any notice of termination of this Guaranty: (a) any extension, modification, continuation or renewal of, or indulgence with respect to, or substitutions for, the Guaranteed Debt or any part thereof or any agreement relating thereto (other than any agreement between the Holders and one or more Guarantors specifically modifying or amending the terms of this Guaranty in accordance with Section 9) at any time; (b) any failure or omission to enforce any right, power or remedy with respect to the Guaranteed Debt or any part thereof or any agreement relating thereto; (c) any waiver of any right, power or remedy or of any default with respect to the Guaranteed Debt or any part thereof or any agreement relating thereto; (d) any release, surrender, compromise, settlement, waiver,
