Multiple Holders. In the event that there shall be multiple Holders, each Holder agrees that (a) no other Holder will by virtue of this Warrant or exercise thereof be under any fiduciary or other duty to give or withhold any consent or approval under this Warrant or to take any other action or omit to take any action under this Warrant and (b) each other Holder may act or refrain from acting under this Warrant as such other Holder may, in its discretion, elect.
Multiple Holders. If there is more than one Holder, such Holders shall act with respect to their rights under this Agreement according to the vote of a majority-in-interest.
Multiple Holders. If at any time there shall be more than one Holder of this Note, any action required or permitted to be taken by the Holder, including without limitation acceleration of this Note and waiver of any default under this Note, may be taken by those persons holding a majority in principal amount of this Note outstanding.
Multiple Holders. If KRH and one or more of its Permitted Transferees hold Membership Units at the same time, KRH shall act on behalf of all of them for the purpose of exercising the rights granted under this Section 2.
Multiple Holders. In the event that more than one Person shall constitute the "Holder" under this Agreement each such Person shall have the rights and duties of the Holder hereunder with respect to its Registrable Securities but not those of any other such Persons. In that event, however, Catalyst (or if Catalyst no longer is a Person constituting the Holder, such other Person as all of the Persons constituting the Holder shall designate with the Company's consent) shall act as representative of all such Persons constituting the Holder (the "Holders' Representative") for the purposes of giving and receiving consents, notices, amendments, and documents and exercising the rights of the Holder. Accordingly, if more than one Person shall constitute the Holder (a) any amendment signed by the Holders' Representative shall be conclusively deemed, as between the parties hereto, as having been signed by the Holder, (b) any consent required or permitted to be obtained from the Holder shall be obtained only from the Holders' Representative, and (c) any notice required to be given or document delivered pursuant to this Agreement shall be deemed duly given or delivered only if given to the Holders' Representative in accordance with Section 4.3. In no event, however, shall the Holder's Representative or any other Person constituting the Holder be liable for information supplied by a Person constituting the Holder, and that Person and the Company shall deal directly with each other with respect to matters in Section 2.6.
Multiple Holders i. The parties acknowledge and agree that the actions and obligations of each Holder hereunder are several and not joint with the actions and obligations of any other Holder and that no Holder shall be responsible in any way for the representations, warranties, agreements, acts or omissions, or the performance or non-performance of the obligations, of any other Holder hereunder. Any and all rights granted to the Holders hereunder, at law or in equity shall be enforceable by each such Holder independently, and it shall not be necessary (but may be permissible) for any other Holder to be joined as an additional party in any action for such purpose.
Multiple Holders. If a Founding Member and one or more of its Permitted Transferees hold Membership Units at the same time, such Founding Members and Permitted Transferee(s) shall designate one of them to act on behalf of all of them for the purpose of exercising the rights granted under this Section 2.
Multiple Holders. 16 4.13 Assignment.....................................................................................16 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is entered into and made as of July 16, 2003, by and among GEXA CORP., a Texas corporation having its headquarters at 24 Greenway Plaza, Suite 1826, Houston, Texas 77046 (the "Company"), XXX XXXXXXXX XXXX, XXX., x Xxxxx xxxxxxx xxxxxxxxxip having its headquarters at Two Riverway, Suite 1710, Houston, Texas 77056 ("Catalyst"). Txx Xxxxxxx xxx xxxxxx xx xxxxx xxxxxxx xxxxxx and piggyback registration rights to Catalyst in connection with the issuance by the Company of the Warrant (as hereinafter defined) to Catalyst.
Multiple Holders. REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is entered into and made as of January 28, 1998, by and among ACR Group, Inc., a Texas corporation having its headquarters at 3200 Xxxxxxxx, #000, Xxxxxxx, Xxxxx 00000 (xxe "Company"), and The Catalyst Fund, Ltd., a Texas limited partnership having its headquarters at Threx Xxxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000 ("Xatalyst"). The Company has agreed to grant certain demand and piggyback registration rights to Catalyst in connection with the issuance by the Company of the Warrant (as hereinafter defined) to Catalyst.
Multiple Holders. 54 10.17 Confidentiality ................................................................ 55 Exhibit A Form of Note ................................................................... A-1 Exhibit B Compliance Certificate ......................................................... B-1 Exhibit C Form of Opinion of Counsel ..................................................... C-1 Exhibit D Form of Subordination Agreement ................................................ D-1 Exhibit E Form of Warrant ................................................................ E-1 Exhibit F Form of Registration Rights Agreement .......................................... F-1 Exhibit G Form of Subsidiary Guarantee ................................................... G-1 Schedule 5.4(a) Jurisdictions of Organization Schedule 5.4(b) Capitalization Schedule 5.4(d) Foreign Qualifications Schedule 5.5 Financial Statements and Projections Schedule 5.6 Intellectual Property Schedule 5.7 Investigations and Audits Schedule 5.8 Employee Matters Schedule 5.12 Litigation Schedule 5.14 Environmental Matters Schedule 5.18 Broker's, Finder's or Similar Fees Schedule 5.19 Employee Benefit Plans Schedule 5.20 Insurance Schedule 5.21 Investments Schedule 5.22 Material Agreements Schedule 8.2(a)(ii) Existing Indebtedness Schedule 8.2(b)(ii) Existing Liens Schedule 8.2(h) Restrictive Agreements EXECUTION SUBORDINATED NOTE AND WARRANT PURCHASE AGREEMENT (this "AGREEMENT"), dated as of October 22, 2001, BY AND AMONG BRANDPARTNERS GROUP, INC, a Delaware corporation ("BPG"), XXXXXX BROTHERS INC., a New Hampshire corporation ("XXXXXX"), and CORPORATE MEZZANINE II, L.P., a British Virgin Island limited partnership (together with its successors and registered assigns, subject to Section 10.16, "CMII").
