No Preference. No Shares shall entitle any Member to any preemptive, preferential or similar rights unless such preemptive, preferential or similar rights are set forth in the applicable Series Designation on or prior to the date of the Series Offering of any interests of such Series (the designation of such preemptive, preferential or similar rights with respect to a Series in the Series Designation, the Interest Designation).
No Preference. None of the shares of common stock are entitled to any preferences, and each share of common stock is equal to every other share of common stock in every respect.
No Preference. No Lender shall have, previous to this Agreement, entered into or shall, subsequent to this Agreement, enter into any arrangement with the Borrower or any other Person, without the prior written consent of the other Lenders, which would have the effect of giving such Lender preference or priority over any other Lender in respect of the indebtedness of the Borrower under this Agreement.
No Preference. Unless expressly agreed otherwise, it is acknowledged that there is no Pact of Preference in favor of SELLER, for which reason the provisions of article 1182 and related articles of the National Civil and Commercial Code do not apply to the contractual relationship derived from hiring and/or of the Purchase Order.
No Preference. If this option is selected, a FSBI stockholder is indicating that he or she has no preference as to the form of consideration to be received, and will accept cash, shares of PFS common stock or a combination of both as determined by PFS and its Exchange Agent, Registrar and Transfer Company, based on what is available after other FSBI stockholders have made their elections. If no option or more than one option is chosen on your “Election Form” on the back page of this letter, you have been deemed to have elected “No Preference” and the consideration will be provided under the terms of Option 4 above. Because we are the holder of record for your shares, only we can make an election for your shares in accordance with your instructions. Please instruct us on how to exchange your shares of FSBI common stock for cash, shares of PFS common stock or a combination of cash and shares of PFS common stock. If you do not make an election, we will not make an election for you and the exchange agent will decide what consideration you receive based on the allocation and proration procedures set forth in the merger agreement. Please note the following: · The election period expires at 5:00 p.m., Eastern time, on , 2004. The companies anticipate the effective date of the merger to occur on or about June 30, 2004. Unless we have otherwise advised you, it is imperative that we receive your instructions prior to the expiration date. · If you miss our processing deadline, we may be unable to comply with your election preference. PFS and its exchange agent will determine whether cash, shares of PFS common stock or a combination of cash and shares of PFS will be distributed to you pursuant to the allocation and proration procedures described in the merger agreement. · PFS cannot ensure that all FSBI stockholders will receive their election choices. The merger agreement provides that 60% of the outstanding shares of FSBI common stock will be exchanged for shares of PFS common stock and that 40% of the outstanding shares of FSBI common stock will be exchanged for cash. After the election deadline, PFS and the Exchange Agent will calculate the exact amount of cash and/or shares of PFS common stock to be distributed to each FSBI stockholder based on all valid elections received and in accordance with the allocation and proration procedures set forth in the merger agreement. If FSBI stockholders owning more than 60% of the outstanding shares of FSBI common stock elect to receive shar...
No Preference. No Member shall have priority over any other Member with respect to the return of a Capital Contribution or distributions or allocations of income, gain, losses, deductions, credits, or items thereof, unless otherwise set forth in this Agreement.
No Preference. Each Obligor Party represents that the obligations incurred pursuant hereto are not given as a preference against any other creditors thereof, respectively. No Obligor Party has any intent to hinder, delay or defraud any present or future creditor, through such conveyance or otherwise.
No Preference. The execution and delivery of this Agreement, and the consummation of the transaction contemplated hereby, is not intended as a preferential transfer within the meaning of 11 U.S.C. Section 547, and is not entered into in anticipation of, or in preparation for, the filing by any party hereto of any petition for relief pursuant to 11 U.S.C. Section 101, et. seq.
No Preference. 86 Section 17.22 Submission of Information .................................. 86 Section 17.23 Sharing of Information Concerning this Agreement ........... 86 Section 17.24 No Association among Lenders ............................... 86 Section 17.25 Successor Administrative Agent ............................. 86 Section 17.26 Change of Address .......................................... 87 Section 17.27 [Intentionally Omitted] .................................... 87 Section 17.28 Amendment of this Article XVII ............................. 87
No Preference. You may not make any specific representations that Adobe recommends your software or any of your services over any other except to note your inclusion in the Program. This Agreement does not constitute and will not be construed as constituting an endorsement, certification, partnership or joint venture between Adobe and you. Neither party shall state or imply any such relationship, and neither party shall have any right to obligate or bind the other party in any manner whatsoever. Nothing contained herein shall give, or is intended to give, any rights of any kind to any third parties.
