No Restrictions on Resale Sample Clauses

No Restrictions on Resale. 5.1 In each state CLEC may resell Resale services to provide telecommunications services to any and all categories of subscribers, unless that state’s commission determines otherwise as to a service obtained at wholesale rates. CLEC will not resell to business customers AT&T’s Resale services that are restricted by AT&T’s tariffs to use by residential subscribers. AT&T is not required to make services available for resale at wholesale rates to CLEC for its own use. CLEC may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent CLEC resells services that require certification on the part of the buyer, CLEC will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. AT&T will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Services.
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No Restrictions on Resale. KMC may resell to any and all classes of end users Telecommunications Services obtained from Sprint under this Agreement, except for Lifeline Assistance and Link-Up or similar services which KMC may only resell to those subscribers who are eligible for such services. Sprint will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Service except as such resale may be prohibited or restricted pursuant to FCC Rules and Regulations and State Rules and Regulations.
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No Restrictions on Resale. 5.1 CLEC may resell Resale services to provide telecommunications services to any and all categories of subscribers, unless the Oklahoma commission determines otherwise as to a service obtained at wholesale rates. CLEC will not resell to business End Users AT&T OKLAHOMA’s Resale services that are restricted by AT&T OKLAHOMA’s tariffs to use by residential subscribers. AT&T OKLAHOMA is not required to make services available for resale at wholesale rates to CLEC for its own use. CLEC may only resell Lifeline Assistance, Link-Up, and other like services to similarly situated customers who are eligible for such services. Further, to the extent CLEC resells services that require certification on the part of the buyer, CLEC will ensure that the buyer has received proper certification and complies with all rules and regulations as established by the Commission. AT&T OKLAHOMA will not prohibit, nor impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Services.
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No Restrictions on Resale. 5.1 CLEC may resell Resale services to provide telecommunications services to any and all categories of subscribers, unless the applicable state Commission determines otherwise as to a service obtained at wholesale rates. CLEC will not resell to business end users AT&T’s Resale services that are restricted by AT&T’s tariffs to use by residential subscribers. AT&T is not required to make services available for resale at wholesale rates to CLEC for its own use.
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No Restrictions on Resale. Unvested Securities sold to a Purchaser for Value (or to the Company or the Company's assignee) in compliance with Section 2 above will, without any further action on the part of Executive or the Company, no longer be subject to any provision of this Agreement or the Senior Management Agreement, but will remain subject to the Stockholders Agreement.
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No Restrictions on Resale. The Existing Convertible Debentures were initially issued by the Company to the Debt Holder on April 17, 2000 in a private placement exempt from registration pursuant to Section 4(2) under the Securities Act. Pursuant to Rule 144(k) of the Securities Act and based in part on the representations and warranties of the Debt Holder in Article IV, the Preferred Stock, the Warrant, the shares of Common Stock underlying the Warrant upon cashless exercise and the Note and any shares of Common Stock or other securities of the Company issued in exchange for such securities are not, and will not, be subject to restrictions on resale and shall not contain any legend (other than, in the case of the Note, a legend indicating that it is subject to that certain Subordination Agreement, dated as of the date herewith, entered into between AMRO International, S.A. and Finova Capital Corporation (the "Subordination Agreement")). Accordingly, if any such securities are issued with a restrictive legend (except as to the legend on the Note as indicated above), the Company will, no later than five business days following the delivery by the Debt Holder or a permitted assignee to the Company or the Company's transfer agent of such securities containing a restrictive legend, deliver or cause to be delivered to the Debt Holder or permitted assignees a certificate representing such securities that is free from all restrictive and other legends. With respect to any Common Stock issued in a cashless exchange for the Preferred Stock, the Warrant or the Note or any of the Company's securities issued in exchange therefor, in addition to such Debt Holder's other available remedies, the Company shall pay to the Debt Holder or a permitted assignee, in cash, as liquidated damages and not as a penalty, $2,000 for each day after such five business days until such certificate is delivered free from all restrictive and other legends.
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Related to No Restrictions on Resale

  • Restrictions on Resale The Awardee agrees not to sell any Shares at a time when Applicable Laws, Company policies, or an agreement between the Company and its underwriters prohibit a sale. This restriction shall apply as long as the Awardee is a Service Provider and for such period after the Awardee's Termination of Service as the Administrator may specify.

  • Restrictions on Resales The Holder acknowledges that the Securities must be held indefinitely unless subsequently registered under the Securities Act or an exemption from such registration is available. The Holder is aware of the provisions of Rule 144 promulgated under the Securities Act, which permit resale of shares purchased in a private placement subject to the satisfaction of certain conditions, which may include, among other things, the availability of certain current public information about the Company; the resale occurring not less than a specified period after a party has purchased and paid for the security to be sold; the number of shares being sold during any three-month period not exceeding specified limitations; the sale being effected through a “broker’s transaction,” a transaction directly with a “market maker” or a “riskless principal transaction” (as those terms are defined in the Securities Act or the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder); and the filing of a Form 144 notice, if applicable. The Holder acknowledges and understands that the Company may not be satisfying the current public information requirement of Rule 144 at the time the Holder wishes to sell the Securities and that, in such event, the Holder may be precluded from selling the Securities under Rule 144 even if the other applicable requirements of Rule 144 have been satisfied. The Holder acknowledges that, in the event the applicable requirements of Rule 144 are not met, registration under the Securities Act or an exemption from registration will be required for any disposition of the Securities. The Holder understands that, although Rule 144 is not exclusive, the Securities and Exchange Commission has expressed its opinion that persons proposing to sell restricted securities received in a private offering other than in a registered offering or pursuant to Rule 144 will have a substantial burden of proof in establishing that an exemption from registration is available for such offers or sales and that such persons and the brokers who participate in the transactions do so at their own risk.

  • Other Restrictions on Transfer The restrictions on Transfer contained in this Agreement are in addition to any other restrictions on Transfer to which a Stockholder may be subject, including any restrictions on transfer contained in any equity incentive plan, restricted stock agreement, stock option agreement, stock subscription agreement or other agreement to which such Stockholder is a party or instrument by which such Stockholder is bound.

  • No Restrictions on Dividends Neither the Company nor any of its subsidiaries is a party to or otherwise bound by any instrument or agreement that limits or prohibits or could limit or prohibit, directly or indirectly, the Company from paying any dividends or making other distributions on its capital stock, and no subsidiary of the Company is a party to or otherwise bound by any instrument or agreement that limits or prohibits or could limit or prohibit, directly or indirectly, any subsidiary of the Company from paying any dividends or making any other distributions on its capital stock, limited or general partnership interests, limited liability company interests, or other equity interests, as the case may be, or from repaying any loans or advances from, or (except for instruments or agreements that by their express terms prohibit the transfer or assignment thereof or of any rights thereunder) transferring any of its properties or assets to, the Company or any other subsidiary, in each case except as described in the Registration Statement, the General Disclosure Package and the Prospectus.

  • General Restrictions on Transfer (a) Each Stockholder understands and agrees that the Company Securities held by it on the date hereof may not have been registered under the Securities Act and may be restricted securities under the Securities Act. Each Stockholder agrees that it shall not Transfer any Company Securities (or solicit any offers in respect of any Transfer of any Company Securities), except in compliance with the Securities Act, any other applicable securities or “blue sky” laws, and the restrictions on Transfer contained in this Agreement.

  • Restrictions on U.S Transfers. Transfers of interests in the Regulation S Global Security to U.S. persons (as defined in Regulation S) shall be limited to transfers made pursuant to the provisions of Section 3.03(h)(C).

  • Registration Restrictions on Transfer 3 2.1 Restrictions on Transfer......................................................3

  • Additional Restrictions on Transfer (a) The certificates representing shares of Executive Stock will bear the following legend: "THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), AND MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT OR AN EXEMPTION FROM REGISTRATION THEREUNDER. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ALSO SUBJECT TO ADDITIONAL RESTRICTIONS ON TRANSFER, CERTAIN REPURCHASE OPTIONS AND CERTAIN OTHER AGREEMENTS SET FORTH IN AN EXECUTIVE STOCK AGREEMENT BETWEEN THE ISSUER (THE "COMPANY") AND AN EMPLOYEE OF THE COMPANY DATED AS OF MAY 16, 1997, A COPY OF WHICH MAY BE OBTAINED BY THE HOLDER HEREOF AT THE COMPANY'S PRINCIPAL PLACE OF BUSINESS WITHOUT CHARGE."

  • Restrictions on Transferability The Warrants and the Warrant Stock shall not be transferred, hypothecated or assigned before satisfaction of the conditions specified in this Section 9, which conditions are intended to ensure compliance with the provisions of the Securities Act with respect to the Transfer of any Warrant or any Warrant Stock. Holder, by acceptance of this Warrant, agrees to be bound by the provisions of this Section 9.

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