Revocation of Exemption Sample Clauses

Revocation of Exemption. An exemption granted under condition 10.7 could be revoked, if in subsequent years or at any time during the life of the Agreement, the annual PM threshold < 1 kg/tonne is exceeded. In this case, the facility could be required to begin or resume reporting, unless and until a reasonable explanation of the circumstances, under which the exceedance occurred, is provided to the satisfaction of EC.
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Revocation of Exemption. The Board has approved the exemption of SMRS from the Ownership Limit, as defined in the Articles of Incorporation, with respect to (i) the Class A Interest and the Common Stock into which the Class A Interest can be converted and (ii) the Series A Preferred Stock and the Common Stock into which the Series A Preferred Stock can be converted. In the event that the exemption is revoked for any reason, other than the fact that a re-structuring or re-organization of SMRS causes it to cease to be entitled to "look-through" treatment pursuant to Section 856(h)(3) of the Code ("SMRS Change"), then, at the request of SMRS, the General Partner shall purchase all of the Common Stock or Series A Preferred Stock then held by SMRS that shall have become Excess Stock, as defined in the Articles of Incorporation (the "Exemption Right"). Such request by SMRS shall be made within twenty (20) Business Days of the receipt of written notice by SMRS from the General Partner that the exemption described above has been revoked. The purchase price (the "Exemption Purchase Price") for the Common Stock or Series A Preferred Stock, as the case may be, to be so purchased pursuant to this Section 5.6 shall be 110% of the greater of: (i) the Value of the Common Stock or the Value of the Series A Preferred Stock, as the case may be, as of the date of purchase; and (ii) the Original Investment, including any Accrued Return, times the percentage of the number of shares of Series A Preferred Stock originally issued hereby still held by SMRS (with all shares of Common Stock issued upon conversion of Series A Preferred Stock held by SMRS being treated for the purposes of this calculation as if they had not been converted), with the result multiplied by the percentage of the number of shares of Series A Preferred Stock originally issued hereby or shares of Common Stock issued upon conversion of Series A Preferred Stock, as the case may be, still held by SMRS that have become Excess Stock. Payment of the Exemption Purchase Price shall be made in cash within twenty (20) Business Days after receipt by the General Partner of notice from SMRS that SMRS is requiring the General Partner to purchase the Common Stock or Series A Preferred Stock, as the case may be, that have become Excess Stock. In the event that the exemption is revoked as a result of a SMRS Change, then SMRS shall still have the Exemption Right, but the Exemption Purchase Price shall be 100% of the greater of: (i) Value of the Serie...
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Revocation of Exemption. The Secretary of State may, in his discretion, enter an order revoking an exemption granted pursuant to this Chapter Article. The order may not be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law, except that the Secretary of State may, in his discretion, summarily revoke by order any of the specified exemptions pending final determination of a proceeding under this subsection Rule. Upon the entry of a summary order, the Secretary of State shall promptly notify all interested parties that the order has been entered and thereafter the interested parties shall have thirty (30) days from receipt of the order in which to request a hearing. Upon receipt of a request for hearing, the Secretary of State will promptly set a hearing to be held in accordance with Chapter Article 8 of the Rules. If any of the interested parties fails to request a hearing within the thirty (30) day period, the Secretary of State will enter a final order, and the final order will remain in full force and effect until it is vacated or modified by the Secretary of State. Source: Miss. Code Xxx. § 00-00-000 (Rev. 2009 2016).
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Revocation of Exemption. If, at any time before the Escrow Agent releases the funds at Closing, the Administrator advises the Escrow Agent that it has revoked or suspended the exemption for the Offering made available under the NC PACES Act, the Administrator may direct the Escrow Agent:
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Revocation of Exemption. Article 6- In case it is established that an agreement granted exemption by this Communiqué has effects incompatible with the conditions provided in article 5 of the Act, the Competition Board may revoke such exemption granted to the agreement by this Communiqué, based on article 13 of the Act. In this case, the Competition Board asks for the written and/or oral opinions of parties before making its final decision. In case parallel networks comprised of vertical limitations of similar nature cover a significant part of the relevant market, the Competition Board may, via a Communiqué to be issued by it separately, exclude agreements involving certain limitations in the relevant market, from the exemption ensured by this Communiqué. Application of the Communiqué to Concerted Practices
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Related to Revocation of Exemption

  • Section 16(b) Exemption The Company shall take all actions reasonably necessary to cause the transactions contemplated by this Agreement and any other dispositions of equity securities of the Company (including derivative securities) in connection with the transactions contemplated by this Agreement by each individual who is a director or executive officer of the Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.

  • Regulation S Exemption The undersigned understands that the Shares are being offered and sold to him in reliance on an exemption from the registration requirements of United States federal and state securities laws under Regulation S promulgated under the Securities Act and that the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of the Investor set forth herein in order to determine the applicability of such exemptions and the suitability of the Investor to acquire the Shares. In this regard, the undersigned represents, warrants and agrees that:

  • Evidence of Exemption From U.S. Withholding Tax (a) Each Non-US Lender shall deliver to Administrative Agent and to Company, and Administrative Agent shall deliver to Company if a payment to Administrative Agent hereunder is treated as a payment to a Person that is not a “United States person” (as defined in Section 7701(a)(30) of the Internal Revenue Code), on or prior to the Closing Date (in the case of each Lender listed on the signature pages hereof) or on or prior to the date of the Assignment Agreement pursuant to which it becomes a Lender (in the case of each other Lender), and at such other times as may be necessary in the determination of Company or Administrative Agent (each in the reasonable exercise of its discretion), two original copies of Internal Revenue Service Form W-8BEN or W-8ECI (or any successor forms) properly completed and duly executed by such Lender, or, in the case of a Non-US Lender claiming exemption from United States federal withholding tax under Section 871(h) or 881(c) of the Internal Revenue Code with respect to payments of “portfolio interest”, a Form W-8BEN, and a certificate of such Lender certifying that such Lender is not (i) a “bank” for purposes of Section 881(c) of the Internal Revenue Code, (ii) a ten-percent shareholder (within the meaning of Section 871(h)(3)(B) of the Internal Revenue Code) of Company or Holdings or (iii) a controlled foreign corporation related to Company (within the meaning of Section 864(d)(4) of the Internal Revenue Code), in each case together with any other certificate or statement of exemption required under the Internal Revenue Code or the regulations issued thereunder to establish that such Lender is not subject to, or is subject to a reduced rate of, United States withholding tax with respect to any payments to such Lender of interest payable under any of the Loan Documents.

  • Offering Exemption Assuming the truth and accuracy of the representations and warranties contained in Section 7, this issuance and delivery to the Holder of this Note is exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”), and will be registered or qualified (or exempt from registration or qualification) under applicable state securities and “blue sky” laws, as currently in effect.

  • Securities Act Exemption Neither the Holder nor anyone acting on behalf of the Holder has received any commission or remuneration directly or indirectly in connection with or in order to solicit or facilitate the Exchange. The Holder understands that the Exchange contemplated hereby is intended to be exempt from registration by virtue of Section 3(a)(9) of the Securities Act. The Holder understands that the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of the Holder set forth herein for purposes of qualifying for the exemption under Section 3(a)(9) of the Securities Act as well as qualifying for exemptions under applicable state securities laws.

  • Reason for exemption Circle the letter that identifies the reason for the exemption. A Federal government (department) B State or local government (name) C Tribal government (name) D Foreign diplomat # E Charitable organization # F Religious or educational organization # G Resale # H Agricultural production # I Industrial production/manufacturing # J Direct pay permit # K Direct mail # L Other (explain)

  • Notice of Change in Exercise Price The Company shall, promptly after an event requiring a change in the Exercise Price pursuant to Section 6 hereof, send notice to the Holders of such event and change (“Price Notice”). The Price Notice shall describe the event causing the change and the method of calculating same and shall be certified as being true and accurate by the Company’s Chief Financial Officer.

  • Notice of Change in Control or Control Event The Company will, within five Business Days after any Responsible Officer has knowledge of the occurrence of any Change in Control or Control Event, give written notice of such Change in Control or Control Event to each holder of Notes unless notice in respect of such Change in Control (or the Change in Control contemplated by such Control Event) shall have been given pursuant to subparagraph (b) of this Section 8.3. If a Change in Control has occurred, such notice shall contain and constitute an offer to prepay Notes as described in subparagraph (c) of this Section 8.3 and shall be accompanied by the certificate described in subparagraph (g) of this Section 8.3.

  • Securities Law Exemptions Assuming the accuracy of the representations and warranties of the Initial Purchasers contained in Section 1(b) (including Annex C hereto) and their compliance with their agreements set forth therein, it is not necessary, in connection with the issuance and sale of the Securities to the Initial Purchasers and the offer, resale and delivery of the Securities by the Initial Purchasers in the manner contemplated by this Agreement, the Time of Sale Information and the Offering Memorandum, to register the Securities under the Securities Act or to qualify the Indenture under the Trust Indenture Act.

  • FINRA Exemption To enable Xxxxx to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months.

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