Nature of Securities. The Issuer confirms that (i) the Securities are “uncertificated securities” (as defined in Section 8-102 of the UCC) and (ii) the Lien Grantor is registered on the books of the Issuer as the registered holder of the Securities.
Nature of Securities. 4.2.1. All Pledges created under this Agreement (or any part thereof) and/or any other document shall be independent of one another.
Nature of Securities. The Subscriber acknowledges and agrees that the rights and restrictions attached to the Securities are set out in the constating documents of the Fund and the Offering Document of the Fund, as applicable. The Subscriber further acknowledges that generally the Securities are not transferrable.
Nature of Securities. Stockholder understands that as of the date hereof (a) the Stock Consideration has not been registered under the Securities Act of 1933, as amended (the "Act"), based upon an exemption from such registration requirements; (b) the Stock Consideration to be received is "restricted securities," as said term is defined in Rule 144 of the General Rules and Regulations promulgated under the Act; (c) the Stock Consideration to be received may not be sold or otherwise transferred unless it has first been registered under the Act and applicable state securities laws or an exemption from the registration provisions of the Act and applicable state securities laws are available with respect to the proposed sale or transfer; (d) the certificates evidencing the Stock Consideration will bear a legend to the effect that the transfer thereof is restricted; and (e) stop transfer instructions will be placed with the transfer agent for the Stock Consideration.
Nature of Securities. (a) To the extent that Shareholder is entitled to purchase Class A Common Shares pursuant to this Article V, it instead shall be issued Class B Common Shares on a one-for-one basis.
Nature of Securities. To the extent that Stockholder is entitled to purchase Class A Common Shares pursuant to this Article VI, it instead shall be issued Class B Common Shares on a one-for-one basis. To the extent that Stockholder is entitled to purchase any other voting securities, Stanford and Stockholder shall negotiate in good faith and agree upon the nature of the securities and, if applicable, the restrictions on or privileges of, such securities so that the purposes of this Agreement are effected. Stockholder shall have no preemptive rights with respect to securities that do not participate in the earnings of Stanford or, absent a payment or other default, in the election of directors of Stanford.
Nature of Securities. 1 Section 25. Instructions..................................................... 1 Section 26. Waiver of Lien; Waiver of Set-off................................ 1 Section 27.
Nature of Securities. All Management KAD Restricted Shares shall be issued pursuant to the Arcadia Resources, Inc. 2006 Equity Compensation Plan or other available plan contingent on and subject to approval by KAD’s shareholders and listing on AMEX, and compliance with all terms and conditions specified therein. KAD represents and warrants that the 2006 Equity Compensation Plan and the Management KAD Restricted Shares to be issued thereunder are approved by the KAD Board of Directors. KAD represents that it shall use its best efforts to fully comply with all applicable AMEX rules and regulations relative to issuance of the KAD Restricted Shares.
Nature of Securities. To the extent that ChevTex is entitled to purchase Class A Common Shares of Newco pursuant to the Purchase Rights, it instead shall be issued Class B Common Shares on a one-for-one basis. To the extent that ChevTex is entitled to purchase any other equity securities of Newco as a result of the Purchase Rights, Newco and ChevTex shall negotiate in good faith and agree upon the nature of the securities and, if applicable, the restrictions on or privileges of, such securities so that the purposes of this Agreement are effected. ChevTex shall have no preemptive rights with respect to securities that do not participate in the earnings of Newco or, absent a payment or other default, in the election of directors of Newco.
Nature of Securities. (a) To the extent that the Shareholders are entitled to purchase or receive Class A Shares pursuant to this Article V or Section 2.01, such Class A Shares shall instead be issued as Class B Shares to the Shareholders on a one-for-one basis.
