Employees and Affiliates. The Company shall not make any change in ------------------------ the compensation payable or to become payable to any of its officers, directors, employees, agents, affiliates or consultants, enter into or amend any employment, severance, termination or other agreement or make any loans to any of its officers, directors, employees, agents, affiliates or consultants or make any change in its existing borrowing or lending arrangements for or on behalf of any of such persons, or otherwise enter into any transactions with or make any payment to or for any affiliate of the Company, in each case whether contingent on consummation of the Merger or otherwise, except for increases in the compensation payable to non-management salaried employees in the ordinary course of business and consistent with past practice.
Employees and Affiliates. The Seller is not, as of the date of this representation, nor has Seller been for the last one hundred and twenty (120) days, an employee, officer, director or direct or indirect beneficial owner of more than ten percent (10%) of any class of equity security of the Issuer, or of any entity, directly or indirectly, controlling, controlled by or under common control with the Issuer, or otherwise been an “affiliate” as that term is used in Rule 144. For purposes of this paragraph, the “Seller” includes any person that would be included with the Seller for purposes of Rule 144(a)(2).
Employees and Affiliates. 32 6.11 Amendments; New Agreements................................ 32 6.12
Employees and Affiliates. The Borrower shall not (a) have any ------------------------ paid employees or consultants earning in excess of $60,000 per annum except as heretofore disclosed to the Lender nor a payroll that exceeds $5,000 per week, (b) pay director's fees or other remuneration to or reimburse the expenses of any of its directors or officers, or (c) pay to or reimburse any Affiliate of the Borrower and its Subsidiaries for services rendered by such Affiliate to the Borrower and its Subsidiaries; provided, however, that the foregoing -------- ------- restrictions shall not apply to (i) transactions between Subsidiaries of the Borrower, or among the Borrower and its Subsidiaries, in each case in the ordinary course of business on arms-length terms, (ii) payment or reimbursement of any amount attributable to corporate overhead (including, without limitation, director and officer insurance and claims properly made by a director or officer for reimbursement or indemnification) or (iii) transactions approved by the Lender.
Employees and Affiliates. The Seller is not, as of the date of this representation, and has not been for the last one hundred and twenty (120) days, an employee, officer, director or direct or indirect beneficial owner of more than ten percent (10%) of any class of equity security of the Company, or of any entity, directly or indirectly, controlling, controlled by or under common control with the Company, or otherwise been an “affiliate” as that term is used in Rule 144. For purposes of this paragraph, the “Seller” includes any Person that would be included with the Seller for purposes of Rule 144(a)(2). For purposes of Rule 144, the Shares have been held by the Seller for more six months, and the Seller may sell, and is selling, the Shares to the Purchaser Representative without any requirement to have such sale registered under the Securities Act.
Employees and Affiliates a. Each Holder, severally and not jointly (and each Holder makes this representation as to itself only), represents and warrants that (i) such Holder is not, as of the date of this representation, and has not been for the last one hundred twenty (120) days, an employee, officer, director or direct or indirect beneficial owner of more than ten percent (10%) of any class of equity security of the Company, or of any entity, directly or indirectly, controlling, controlled by or under common control with the Company, or otherwise been an “affiliate” as that term is used in Rule 144 promulgated under the Securities Act, (ii) no consideration has been offered or paid by such Holder to any person to amend or consent to a waiver, modification, forbearance, exchange or otherwise of any provision of the Notes (other than the purchase of the Notes pursuant to the Securities Purchase Agreements), (iii) such Holder has not, directly or indirectly, controlled, been controlled by or been under common control with the Company, and (iv) such Holder has on or about the date hereof acquired a portion of the Notes without any restriction or limitation whatsoever and without any requirement to have such transaction registered under the Securities Act based on the representations contained in the Securities Purchase Agreements. For purposes of this paragraph, “Holder” includes any person or entity that would be included with the Holder for purposes of Rule 144(a)(2).
Employees and Affiliates except as required by any Legal Requirement, not:
Employees and Affiliates. Assignor is not, as of the date of this representation, and has not been for at least the last one hundred and twenty (120) days, an employee, officer, director or direct or indirect beneficial owner of more than ten percent (10%) of any class of equity security of the Company, or of any entity, directly or indirectly, controlling, controlled by or under common control with the Company, or otherwise been an “affiliate” as that term is used in Rule 144. For purposes of this paragraph, the “Assignor” includes any Person that would be included with the Assignor for purposes of Rule 144(a)(2).
Employees and Affiliates. The Seller is not, as of the date of this representation, and has not been for the last one hundred twenty (120) days, an employee, officer, director or direct or indirect beneficial owner of ten percent (10.00%) or more of any class of equity security of the Company, or of any entity, directly or indirectly, controlling, controlled by or under common control with the Company, or otherwise been an “affiliate” as that term is used in Rule 144 promulgated under the 1933 Act. For purposes of this paragraph, the “Seller” includes any person or entity that would be included with the Seller for purposes of Rule 144(a)(2). For purposes of Rule 144, the Note has been held continuously by the Seller since the Note Issuance Date. The transactions contemplated by this Agreement are to be undertaken by the Seller without any restriction or limitation whatsoever any without any requirement to have such sale registered under the 1933 Act.
Employees and Affiliates. Divert or attempt to divert from the Company or any of its affiliates any person employed by the Company or acting on behalf of or as a representative of the Company or any of its affiliates by influencing or attempting to influence such person to leave the Company’s employment or to work for or on behalf of any other business.
