Restrictions on Sale of Common Stock. Each of the Investors agrees that the Purchased Securities shall be “Excluded Securities” as defined in, and for purposes of, the 2010 Purchase Agreement.
Restrictions on Sale of Common Stock. During a period of 30 days from the Effective Date (as defined in the Registration Rights Agreement), the Company will not, (i) directly or indirectly, offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase or otherwise transfer or dispose of any share of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock, or file any registration statement under the 1933 Act with respect to any of the foregoing or (ii) enter into any swap or any other agreement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of the Common Stock, whether any such swap or transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Common Shares to be sold hereunder, (B) any shares of Common Stock issued by the Company upon the exercise of an option or warrant or the conversion of a security outstanding on the Closing Date hereof, or (C) any shares of Common Stock issued or options to purchase Common Stock granted pursuant to existing employee benefit plans or employee stock purchase plans of the Company.
Restrictions on Sale of Common Stock. Except as otherwise set forth in this Agreement or in the non-qualified stock option awards, Rxxxxxx agrees that he shall comply with the Company’s policies regarding the obligations and restrictions imposed on directors and officers of the Company by Section 16 of the Securities Exchange Act of 1934 (as amended, the “Exchange Act”) and related SEC rules. Rxxxxxx further acknowledges that he is aware of the Company’s policies related to Section 16 officers and he agrees to provide advance written notice to the Company of his intention to acquire, sell or otherwise enter into any transaction involving the Company’s stock (including without limitation option exercises and non-open market transactions). Rxxxxxx agrees to assist the Company in the timely filing of securities filings (in no case more than two (2) days following the transaction). Rxxxxxx further acknowledges that he will comply with Section 16(b) of the Exchange Act regarding “short-swing” transactions. The Parties understand and acknowledge that the provisions of this paragraph 3(g) of this Agreement shall remain in effect until the later to occur of (i) September 9, 2015 or (ii) the first business day following the six month anniversary of the date Rxxxxxx ceases to be an “officer” of the Company within the meaning of Section 16 of the Exchange Act.
Restrictions on Sale of Common Stock. White Deer agrees that the Common Shares shall be “Excluded Securities” as defined in, and for purposes of, the 2010 SPA.
Restrictions on Sale of Common Stock. For a period of six months from the date of this Agreement, the Executive agrees not to sell any of his common stock of the Company on the public markets for less than $1.50 per share. Thereafter, the Executive shall restrict his public sales of common stock only as limited by the Act, including Rule 144 promulgated thereunder. In connection with any public or private sales by the Executive, the Company's counsel shall (within a reasonable time) issue legal opinions (or accept opinions presented by Executive's counsel), that any such sale is in compliance with applicable law, upon which the Company may rely. Additionally, the Executive agrees to provide the Company with a right of first refusal to acquire Executive's shares in any private sale as provided below. If the Executive desires to sell all or a portion of his common stock of the Company (the "Offered Shares") in a private transaction rather than through or to a broker-dealer, then the Executive shall give the Company notice of the number of shares offered (the "Offer"). The Company may purchase all or a portion of the shares contained in the Offer by giving notice to the Executive within five business days after receipt of an Offer. The price shall be the average closing price for the five trading days ending with the date the notice is given net of a fifteen percent (15%) discount. The Company, if it accepts the Offer, shall tender payment by check versus delivery of certificates endorsed to the Company with a medallion guarantee within five business days from acceptance of the Offer. If the Company does not exercise its right to purchase the Offered Shares within five business days, then the Offered Shares may be sold to any third party at any price.
Restrictions on Sale of Common Stock. During a period of 90 days from the date of the Offering Memorandum, the Company will not, without the prior written consent of Xxxxxxx Xxxxx, (i) directly or indirectly, offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase or otherwise transfer or dispose of any share of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or file any registration statement under the 1933 Act with respect to any of the foregoing, except for the filing of registration statements with the Commission registering resales of the Securities and the shares of Common Stock issuable upon conversion thereof under the 1933 Act and the Commission's declaring of such registration statements as effective or (ii) enter into any swap or any other agreement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of the Common Stock, whether any such swap or transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Securities to be sold hereunder, (B) any shares of Common Stock issued by the Company upon the exercise of an option or warrant or the conversion of a security outstanding on the date hereof and referred to in the Prospectus, (C) any shares of Common Stock issued or options to purchase Common Stock granted pursuant to employee benefit plans of the Company and its subsidiaries in effect as of the date hereof, (D) any shares of Common Stock issued pursuant to any non-employee director stock plan or dividend reinvestment plan or (E) any shares of Common Stock issued pursuant to mergers acquisitions, combinations or other strategic affiliations approved by the Company's Board of Directors, so long as all recipients of such shares of Common Stock agree not to so transfer such shares of Common Stock during the remainder of the 90-day period.
Restrictions on Sale of Common Stock. White Deer agrees that the Shares shall be "Excluded Securities" as defined in, and for purposes of, the Securities Purchase Agreement, dated September 2, 2010, by and between PostRock and White Deer.
Restrictions on Sale of Common Stock. During a period of 90 days from the date of the Offering Memorandum, the Company will not, without the prior written consent of PaineWebber, (i) directly or indirectly, offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase or otherwise transfer or dispose of any share of Common Stock or any securities convertible into to or exercisable or exchangeable for Common Stock or file any registration statement under the Securities Act with respect to any of the foregoing or (ii) enter into any swap or any other agrement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of the Common Stock, whether any such swap or transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock, or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Securities to be sold hereunder, (B) any shares of Common Stock issued by the Company upon the exercise of an option or warrant or the conversion of a security outstanding on the date hereof and referred to in the Offering Memorandum, (C) any shares of Common Stock issued or options to purchase Common Stock granted pursuant to existing employee benefit plans of the Company referred to in the Offering Memorandum, (D) any shares of Common Stock issued pursuant to any non-employee director stock plan or dividend reinvestment plan, or (E) any shares of Common Stock issued pursuant to any agreement which was entered into prior to the date hereof and is referred to in the Offering Memorandum.
Restrictions on Sale of Common Stock. (a) The following terms have the following meanings:
Restrictions on Sale of Common Stock
