Incidental Rights. If the Company at any time proposes to file with the Securities and Exchange Commission (the "Commission") on its behalf and/or on behalf of any of its security holders (the "demanding security holders") a Registration Statement under the Securities Act of 1933, as amended (the "Securities Act") on any form (other than a Registration Statement on Form S-4 or S-8 or any successor form for securities to be offered in a transaction of the type referred to in Rule 145 under the Securities Act or to employees of the Company pursuant to any employee benefit plan, respectively) for the general registration of securities to be sold for cash with respect to its Common Stock or any other class of equity security (as defined in Section 3(a)(11) of the Securities Exchange Act of 1934, as amended (the "Exchange Act")) of the Company, it will give written notice to Xxxxx at least sixty (60) days before the initial filing with the Commission of such Registration Statement, which notice shall set forth the intended method of disposition of the securities proposed to be registered by the Company and the intended price range if known. The notice shall offer to include in such filing the aggregate number of Shares as Xxxxx may request. Xxxxx shall advise the Company in writing within thirty (30) days after the date of receipt of such offer from the Company, setting forth the amount of such Shares for which registration is requested. The Company shall thereupon include in such filing the number of Shares for which registration is so requested, subject to the next sentence, and shall use its best efforts to effect registration under the Securities Act of such Shares. If the managing underwriter of a proposed public offering shall advise the Company in writing that, in its opinion, the distribution of the Shares requested to be included in the registration concurrently with the securities being registered by the Company or such demanding security holder would materially and adversely affect the distribution of such securities by the Company or such demanding security holder, then Xxxxx shall reduce the amount of securities he intended to distribute through such offering on a pro rata basis with all other shareholders requesting registration of a specified number of their shares (other than any demanding security holder who initially requested such registration) based on the number of shares Xxxxx requested to be registered divided by the total number of shares requested to be r...
Incidental Rights. All of the following insofar as the same are attributable or relate primarily to any of the Assets described in clauses (a) through (g): (i) all purchase orders, invoices, storage or warehouse receipts, bills of lading, certificates of title and documents, (ii) all keys, lock combinations, computer access codes and other devices or information necessary to gain entry to and/or take possession of such Assets, (iii) all rights in any confidentiality or nonuse agreements relating to the Assets, and (iv) the benefit of and right to enforce all covenants, warranties, guarantees and suretyship agreements running in favor of the Entities relating primarily to the Assets and all security provided primarily for payment or performance thereof.
Incidental Rights. Each of the rights and benefits granted herein shall include all those additional rights and benefits which are necessary for the full enjoyment thereof and are customarily incidental thereto.
Incidental Rights. If at any time or from time to time the Company proposes to file with the Securities and Exchange Commission (the "Commission") a registration statement (other than a registration statement on Form S-8 covering solely an employee benefit plan or a registration statement on Form S-3 covering solely offers pursuant to a dividend or interest reinvestment plan) for the registration under the Securities Act of 1933, as amended (the "Securities Act") of any shares of Common Stock for sale to the public by the Company or on behalf of a stockholder of the Company for cash (excluding shares of Common Stock issuable by the Company upon the exercise of employee stock options or in connection with the merger or consolidation of the Company with one or more other corporations), the Company shall give the Stockholder and Xxxxxx Financial, Inc. ("Xxxxxx") so long as Xxxxxx has Xxxxxx Registration Rights as later defined, at least 30 days' prior written notice of the filing of the proposed registration statement. The notice shall include a list of the states and foreign jurisdictions, if any, in which the Company intends to qualify such shares, the number of shares so proposed to be registered, the proposed date of filing of such registration statement, any proposed means of distribution of such shares, any proposed managing underwriter or underwriters, and a good faith estimate by the Company or managing underwriter of the maximum offering price thereof, as such price is proposed to appear on the facing page of such registration statement. On written request of the Stockholder (and Xxxxxx, if applicable) received by the Company within 15 days after the date of the Company's delivery of its notice of intention, the Company shall, subject to the conditions and in accordance with the procedures set forth in Sections
Incidental Rights. The Easement hereby created and granted includes the creation of all incidental rights reasonably necessary for the use and enjoyment of the Easement Property for its intended purposes, including, specifically, the right of entry for purposes of construction, installation, operation, maintenance and repair of any Utilities located within the Easement Property.
Incidental Rights. 5.1 DCI, its subsidiaries, affiliates, representatives and agents shall have the right:
Incidental Rights. Without limiting the generality of the other grants contained herein, upon Purchaser’s exercise of the Option and agreement on Contingent Compensation, the following rights are also hereby granted, sold and assigned to Purchaser solely, exclusively, in perpetuity and throughout the world, to be exercised, however, only in connection with and for the purpose of advertising, publicizing, promoting and exploiting motion picture versions of the Work, and Purchaser’s exploitation of the other rights granted herein.
Incidental Rights exercise all or any powers or rights incidental to the ownership of the Charged Assets;
Incidental Rights. Without limiting the foregoing, and for the avoidance of doubt, Operator, for itself and its affiliates, also shall have the sole and exclusive right to control, conduct, or perform all activities on the Property as may be necessary or incidental to the Permitted Purposes, including, but not limited to: (a) installing, maintaining, replacing, removing, monitoring, inspecting, testing, and/or operating the Improvements and Equipment necessary or incidental to maintaining, operating, or testing the Facilities or Storage Reservoirs ; (b) performing mechanical integrity tests or other tests as may be desirable to determine Storage Reservoir’s capacity, limits, safety and/or integrity, or to comply with Applicable Law(s); (c) Injecting Carbon Dioxide Streams for pressure maintenance in operations, mechanical integrity activities or other lawful purposes; (d) transporting of Carbon Dioxide Streams; (e) performing any corrective action required pursuant to Applicable Laws; and (f) viewing and performing testing, such as geological and geophysical surveys, seismic tests, and other testing and data relating to the Property and Storage Reservoir to determine the capacity and suitability of the Storage Reservoir and Property for the Permitted Purposes. These rights do not include the right to withdraw water from State owned water bottoms on the Property, except as may be necessary to support the activities of Operator contemplated by this Agreement, and only to the extent allowed by, and in conformity with, Applicable Law(s) and Applicable Procedure(s).
Incidental Rights. Without limiting the foregoing, and for the avoidance of doubt, AP also shall have the sole and exclusive right to control, conduct, or perform all activities on the Property as may be necessary or incidental to the Permitted Purposes, including, but not limited to: (a) installing (including Drilling), maintaining, replacing, removing, monitoring, inspecting, testing, and/or operating the Improvements and Equipment necessary or incidental to constructing, maintaining, operating, monitoring or testing the Facilities or Storage Reservoirs; (b) performing mechanical integrity tests or other tests as may be desirable to determine Storage Reservoirs’ capacity, limits, safety and/or integrity, or to comply with Applicable Law(s); (c) Injecting Carbon Dioxide Stream(s) for pressure maintenance in operations, mechanical integrity activities, or other lawful purposes; (d) transporting of Carbon Dioxide Stream(s); (e) performing any corrective action required pursuant to Applicable Law(s), Applicable Procedure(s) and Sequestration Protocols; (f) dredging in connection with constructing, maintaining, operating or monitoring the Facilities; (g) constructing, operating, and maintaining utility lines, fuel lines and pipelines and facilities related thereto to construct, operate maintain, or monitor the Facilities; (h) constructing, operating, and maintaining pipelines for the transport of Carbon Dioxide Stream(s); (i) storing and using such quantities of fuel oil and other materials or substances as may be reasonable in connection with the Facilities; (j) accessing the entire Property as necessary to conduct any activities contemplated by this Agreement; and (k) viewing and performing testing, such as geological and geophysical surveys, seismic tests, and other testing and data relating to the Property and Storage Reservoirs to determine the capacity and suitability of the Storage Reservoirs and the Property for the Permitted Purposes. AP agrees it shall comply with the standard seismic regulations and requirements administered by DWF, for any geophysical or geological surveys and operations conducted within a wildlife-management area or wildlife refuge. These rights do not include the right to withdraw water from State owned water bottoms on the Property, except as may be necessary to support the activities of AP contemplated by this Agreement, and only to the extent allowed by, and in conformity with, Applicable Law(s) and Applicable Procedure(s).
