Sale of Unlegended Shares. Holder agrees that the removal of the restrictive legend from this Warrant and any certificates representing securities as set forth in Section 2(e) above is predicated upon the Company’s reliance that the Holder will sell this Warrant or any Exercise Shares and/or any Failure Payment Shares, as applicable, pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements, or an exemption therefrom, and that if such securities are sold pursuant to a Registration Statement, they will be sold in compliance with the plan of distribution set forth therein.
Sale of Unlegended Shares. The removal of any restrictive legends from any securities as set forth in this Section 6 is predicated upon, and the Company’s reliance on, the applicable Holder delivering an Undertaking to the Company; provided that no Holder shall be required to give more than one Undertaking covering the same shares while an Undertaking with respect to such shares remains in effect.
Sale of Unlegended Shares. Each Lender agrees that the removal of the Securities Act Legend from any certificates representing securities as set forth in Section 2.9(c)(vii)(A) above is predicated upon the Borrower’s reliance that such Lender will sell any Conversion Shares (or the shares of Common Stock into which the Conversion Shares are convertible) pursuant to either the registration requirements of the Securities Act and applicable state securities laws, including any applicable prospectus delivery requirements, or an exemption therefrom, and that if such securities are sold pursuant to a registration statement, they will be sold in compliance with the plan of distribution set forth therein.
Sale of Unlegended Shares. Holder agrees that the removal of the restrictive legend from certificates representing Securities as set forth in this Section 2(d)(i) above is predicated upon the Company’s reliance that the Holder will sell any Exercise Shares pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements, or an exemption therefrom, and that if Securities are sold pursuant to a Registration Statement, they will be sold in compliance with the plan of distribution set forth therein.
Sale of Unlegended Shares. Each Holder agrees that the issuance of any Conversion Shares without any restrictive legends, and the removal of restrictive legends from such securities as set forth in Section 14.02(h)(ii) is predicated upon the Company’s reliance that such Holder will sell such Conversion Shares, as applicable, pursuant to either the registration requirements of the Securities Act or an exemption therefrom, and that if such Conversion Shares are sold pursuant to a registration statement, they will be sold in compliance with the plan of distribution set forth therein.
Sale of Unlegended Shares. Each Buyer agrees that the removal of the restrictive legend from any certificates representing Purchased Shares as set forth in subsection 4(a)(i) above is predicated upon the Company’s reliance that such Buyer will sell any Purchased Shares pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements, or an exemption therefrom, and that, if such securities are sold pursuant to a Registration Statement, they will be sold in compliance with the plan of distribution set forth therein.
Sale of Unlegended Shares. Holder agrees that the removal of the restrictive legend from certificates representing Allora Exercise Shares or EPOD Exercise Shares, as applicable, as set forth in Section 2(g)(ii) above is predicated upon Allora’s or the Company’s reliance, as applicable, that the Holder will sell any such shares pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements, or an exemption therefrom, and that if such Allora Exercise Shares are sold pursuant to a Registration Statement, they will be sold in compliance with the plan of distribution set forth therein.
Sale of Unlegended Shares. Lender agrees that the removal of the restrictive legend from any certificates representing securities is predicated upon Borrower’s reliance that the Lender will sell any Conversion Shares pursuant to an exemption from the registration requirements of the Securities Act.”
Sale of Unlegended Shares. Holder agrees that the removal of the restrictive legend from this Warrant and any shares of Common Stock issuable upon Exercise of this Warrant as set forth in Section 2(e) above is predicated upon the Company’s reliance that the Holder will sell this Warrant or any Exercise Shares and/or any Failure Payment Shares, as applicable, pursuant to either the registration requirements of the Securities Act, or an exemption therefrom, and that if such securities are sold pursuant to a Registration Statement, they will be sold in compliance with the plan of distribution set forth therein. Credit and Guaranty Agreement EXHIBIT O
Sale of Unlegended Shares. Xxxxxxxxx agrees that the removal of the restrictive legend from certificates representing Securities as set forth in Section 2(d)(i) above is predicated upon LEI’s reliance that Xxxxxxxxx will sell any Exercise Shares pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements, or an exemption therefrom, and that if Securities are sold pursuant to a Registration Statement, they will be sold in compliance with the plan of distribution set forth therein. Common Stock Purchase Warrant (#M-1) Xxxxx Energy, Inc.
