Limitation on Sale. The Company covenants until the completion of ------------------ an underwritten public offering pursuant to an effective registration statement under the Securities Act, covering the initial offer and sale of Common Stock for the account of the Company to the public with aggregate gross proceeds to the Company of not less than Fifteen Million Dollars ($15,000,000) (the "IPO") not to issue or sell any shares of Series C Preferred Stock, Series D Preferred Stock, Series C-1 Preferred Stock or Series D-1 Preferred Stock to any investor at a more favorable price or upon more favorable terms (including rights, preferences, privileges and restrictions) than those set forth in the Company's Amended and Restated Certificate of Incorporation, this Agreement and the Series D-1 Preferred Stock Purchase Agreement, and the Amended and Restated Stockholder Rights Agreement without the prior written consent of the Investor. Notwithstanding the foregoing, the Company expressly reserves the right to sell shares of its Series C Preferred Stock and/or Series D Preferred Stock without the prior written consent of the Investor provided that such shares shall not have been sold or issued by the Company at a more favorable price or on more favorable terms (other than the existence of voting rights) than those which are reflected in this Agreement, the Series D- 1 Preferred Stock Purchase Agreement, the Amended and Restated Stockholder Rights and the Amended and Restated Certificate of Incorporation.
Limitation on Sale. Licensee may only sell the Licensed Products in the Territory; provided, however, that Licensee shall not sell the Licensed Products to a third party who, to the best knowledge of Licensee, has an intention to sell or export the Licensed Products in or to the areas outside the Territory.
Limitation on Sale. Each Stockholder hereby agrees that such Stockholder shall not at any time during the term of this Agreement Sell any Stock except:
Limitation on Sale. Neither the CRADA nor the rights to the Non-Hodgkin Lymphoma Therapeutic Cancer Vaccine shall be sold by Biovest except in transactions, in which the after tax net proceeds of sale are distributed to the Biovest shareholders with holders of Biovest shares outstanding immediately before Closing receiving the same per share distribution as the common shares of Biovest held by Accentia. Except as provided herein, this Agreement places no limitation of the sale of Biovest assets other than the CRADA and the rights to the Non-Hodgkin Lymphoma Therapeutic Cancer Vaccine owned by Biovest at Closing.
Limitation on Sale. Unless waived by the Company, Investor hereby agrees that it shall not, directly or indirectly sell, offer to sell, contract to sell (including, without limitation, any short sale), grant any option to purchase or otherwise transfer or dispose of (other than to transferees and donees who agree to be similarly bound as provided in Section 9.2 hereof) to any purchaser in a public sale effected through an underwriter, broker or dealer in a market transaction ("Public Sale") any securities of the Company held by it except as follows: (A) on or prior to the first anniversary of the Closing Date, up to fifty percent (50%) of the Purchased Shares, (B) after the second anniversary of the Closing Date, any Purchased Shares not sold pursuant to clause (A) and up to an additional twenty five percent (25%) of the Purchased Shares, and (C) after the third anniversary of the Closing Date, any Purchased Shares not sold pursuant to clauses (A) and (B) and up to an additional twenty five percent (25%) of the Purchased Shares. A "Public Sale" shall not include any sale and purchase of Purchased Shares in a private transaction so long as such purchaser agrees to be bound by the terms and conditions of this Agreement.
Limitation on Sale. Unless waived by the Company, Investor hereby agrees that it shall not, directly or indirectly sell, offer to sell, contract to sell (including, without limitation, any short sale), grant any option to purchase or otherwise transfer or dispose of (other than to transferees and donees who agree to be similarly bound as provided in Section 9.2 of the Purchase Agreement) to any purchaser in a public sale effected through an underwriter, broker or dealer in a market transaction ("Public Sale") any securities of the Company held by it except as follows: (A) on or prior to the first anniversary of the Closing Date, up to fifty percent (50%) of the Purchased Shares, and (B) after the first anniversary of the Closing Date, any of the Purchased
Limitation on Sale. Each Holder whose Transfer Restricted Securities are covered by a Shelf Registration Statement filed pursuant to Section 4 agrees, upon the request of the Underwriter(s) in any Underwritten Offering permitted pursuant to this Agreement, not to effect any public sale or distribution of securities of the Company of the same class as the Transfer Restricted Securities included in such Shelf Registration Statement (except as part of such registration) including a sale pursuant to Rule 144 under the Securities Act, during the 10-day period prior to, and during the 120-day period (subject to Section 6(d) hereof) beginning on, the closing date of any such Underwritten Offering made pursuant to such Shelf Registration Statement, to the extent timely notified in writing by the Company or such Underwriter(s).
Limitation on Sale. If XM has not completed an offering to the public ------------------ (a "Public Offering") of its shares of common stock (or such class of shares into which such common stock has been converted), the Optionee agrees not to sell, pledge, or dispose of any Shares issued upon exercise of the Option, except to XM as provided in paragraph C of this Section 6. If at any time XM does complete a Public Offering, it will cause the shares issuable upon the exercise of the Option to be registered under the Securities Act if required to permit the public sale of such Shares by the Optionee.
Limitation on Sale. Leaseback ---------------------------- Transactions. The Company will not, and will not permit any ------------ Restricted Subsidiary to, enter into any sale-leaseback transaction involving any of its assets or properties whether now owned or hereafter acquired, whereby the Company or a Restricted Subsidiary sells or transfers such assets or properties and then or thereafter leases such assets or properties or any part thereof or any other assets or properties which the Company or such Restricted Subsidiary, as the case may be, intends to use for substantially the same purpose or purposes as the assets or properties sold or transferred. The foregoing restriction does not apply to any sale- leaseback transaction if:
Limitation on Sale. Leasebacks CME Ltd. shall ensure that no Relevant Member of the Group will enter into any arrangement with any person providing for the leasing by it of any property that has been or is to be sold or transferred by it to such person more than 60 days after the acquisition thereof or the completion of construction and commencement of full operation thereof.
