Purchase Restrictions. You agree to purchase shares solely through us and only for the purpose of covering purchase orders already received from customers or for your own bona fide investment. You agree not to purchase for any other securities dealer unless you have an agreement with such other dealer or broker to handle clearing arrangements and then only in the ordinary course of business for such purpose and only if such other dealer has executed a Dealer Sales Agreement with us. You also agree not to withhold any customer order so as to profit therefrom.
Purchase Restrictions. Prior to the Performance Measurement Date, the holder of this Warrant shall comply with the restrictions applicable to, and obligations of, ESAS set forth in Section 5.24 of the Services Agreement.
Purchase Restrictions. (a) Other than pursuant to the transactions contemplated by this Agreement and the Other Purchase Agreement, the Purchaser shall not, and shall not cause or permit its Affiliates or any Group (as defined in Section 8.1) including the Purchaser or any of its Affiliates to, acquire shares of the Common Stock, which when combined with shares of the Common Stock then owned by the Purchaser and its subsidiaries would result in the Purchaser Beneficially Owning (as defined in Section 8.1) more than 20% of the shares of the Common Stock then issued and outstanding (the "STANDSTILL CAP"), except pursuant to a transaction or series of transactions at prices and on terms approved by the Board of Directors of the Company; PROVIDED, HOWEVER, that (1) if the Company or the Principal Stockholder sells to any Person or Group shares of Common Stock such that, as a result of such sale such Person or Group would Beneficially Own more than 5% of the shares of the Common Stock then issued and outstanding and such Person or Group is subject to an agreement with the Company or the Principal Stockholder restricting or prohibiting the acquisition of Beneficial Ownership of additional shares of Common Stock, the Standstill Cap will be increased to that maximum percentage of shares of Voting Stock the Beneficial Ownership of which such other Person or Group is permitted to acquire pursuant to such agreement (to the extent it exceeds the Standstill Cap), and (2) if the Company or the Principal Stockholder sells to any Person or Group a number of shares of Common Stock such that, to the actual knowledge of the Company or the Principal Stockholder (as applicable) at the time of such sale, as a result of such sale such Person or Group would Beneficially Own more than 10% of the shares of the Common Stock then issued and outstanding and such Person or Group is not subject to an agreement with the Company or the Principal Stockholder (as applicable) restricting or prohibiting the acquisition of Beneficial Ownership of additional shares of Common Stock, the Standstill Cap will be terminated; provided, further, that clause (2) of the foregoing proviso shall not apply with respect to, and the Standstill Cap shall not terminate upon, issuances or sales of Common Stock (A) in connection with acquisitions by the Company of all the outstanding equity securities, or all or substantially all the assets, of a Person in one or more transactions, or (B) to any Person required under Section 13(f) of ...
Purchase Restrictions. 44 SECTION 6.22
Purchase Restrictions. Contributors agree that they and their affiliates shall not directly or indirectly buy, accept, or otherwise acquire (or offer, contract for, or accept any options, warrants or other rights to buy, accept, or otherwise acquire) any Common Stock except that Contributors may buy, accept or acquire Common Stock or Units (i) if approved by a majority of the independent directors of the Company Board, (ii) as expressly permitted in this Agreement, (iii) as part of their remuneration as an employee, officer, consultant or director of the Company, OP or the Subsidiaries, or (iv) in the form of distributions from the Company, OP or the Subsidiaries as a result of their ownership of Units or Common Stock. For purposes of this section, the term "affiliates" shall mean persons controlling, controlled by or under common control with a Contributor.
Purchase Restrictions. (a) Other than pursuant to the transactions contemplated by this Agreement, the Purchaser shall not, and shall not cause or permit its affiliates or any Group (as defined below) including the Purchaser or any of its affiliates to, acquire shares of the Common Stock, which when combined with shares of the Common Stock then owned by the Purchaser and its subsidiaries would result in the Purchaser Beneficially Owning (as defined below) more than 5% of the shares of the Common Stock then issued and outstanding, except pursuant to a transaction or series of transactions at prices and on terms approved by the Board of Directors of the Company.
Purchase Restrictions. The contribution limit for buying Swifts is limited to 30.0
Purchase Restrictions. Xxxx agrees that from the date of this Agreement, it will not, nor will it permit any of its affiliates to, acquire or offer or propose to acquire any shares of Common Stock or any securities convertible into, exchangeable for or exercisable for Common Stock (all such securities, collectively referred to hereinafter as "Voting Securities") which, when taken together with any Voting Securities then owned by Xxxx and its affiliates (on an as-if-converted basis), would in the aggregate, exceed an amount equal to forty-nine percent (49%) of the Company's then outstanding Voting Securities, unless in any such case specifically approved in writing by the Board of Directors of the Company.
Purchase Restrictions. (a) The Purchaser shall not, and shall not cause or permit its Affiliates or any Group including the Purchaser or any of its Affiliates to, acquire shares of Common Stock other than the Preferred Conversion Shares, which when combined with shares of Common Stock then owned beneficially or of record by the Purchaser and its Affiliates or any such Group, after giving effect to the acquisition and each Related Transaction, would result in the Purchaser, its Affiliates, or any such Group beneficially owning 15% or more of the shares of Common Stock then issued and outstanding, except that such restriction shall not be applicable to each of the following acquisitions:
Purchase Restrictions. Holder shall not, without the approval of the Company's Board of Directors, including a majority of the independent directors, acquire any additional beneficial ownership in the Company's Common Stock or any other equity security convertible into or exercisable for Common Stock; provided, however, that approval of the Company's Board of Directors shall not be required if acquisition does not cause Holder's total beneficial ownership in the Company's Common Stock to exceed the percentage of the Company's Common Stock held by Holder at the time of full conversion of the Note.
