Selling Procedures. Any sale of Registrable Shares pursuant to the registration statement filed in accordance with Section 3 hereof shall be subject to the following conditions and procedures:
Selling Procedures. (a) Each Stockholder will notify the Company of his intention to sell Shares under any registration statement not less than five (5) nor more than ten (10) business days prior to the expected date of such sale by faxing the "Takedown Request" attached hereto as Exhibit A to: Testa, Hurwitz & Thibeault, LLP 125 High Street Xxxh Sxxxxx Xxxer Boston, Maxxxxxxxxxxx 00000 Xxxx: Xxxxxxx X. Xxxxxxx, Xx. Xxxxx: (000) 008-7278 Xxxxxxxxx: (000) 000-7100 During this period, the Xxxxxxx xxxx xeview the prospectus to determinx xx x xxxxxxxion pursuant to Section 8 is necessary or appropriate. If the Company does not notify the Stockholder of a suspension pursuant to Section 8, the Stockholder may conclude the proposed sale, on the proposed date of sale, strictly in accordance with the Takedown Request.
Selling Procedures. (a) The Stockholder will notify the Company of his intention to sell Shares under any registration statement not less than five (5) business days prior to the expected date of such sale by faxing the "Takedown Request" attached hereto as EXHIBIT A to: Testx, Xxrwxxx & Xhibxxxxx, XXP 125 Xxxx Xxxxxx Xxxx Xxxxxx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Willxxx X. Xxxxxxx, Xx. Phone: (617) 000-0000 Facsimile: (617) 000-0000 Xxring this period, the Company will review the prospectus to determine if a suspension pursuant to Section 9 is necessary or appropriate. If the Company does not notify the Stockholder of a suspension pursuant to Section 9, the Stockholder may conclude the proposed sale, on the proposed date of sale, strictly in accordance with the Takedown Request.
Selling Procedures. (a) In the event Abbott intends to resell Shares pursuant to a Registration Statement, Abbott shall give RTI five (5) business days notice of its intent to sell in reliance on such Registration Statement (the "Notice of Sale"). RTI may refuse to permit Abbott to resell any Shares pursuant to the Registration Statement; provided, however, that in order to exercise this right, RTI must deliver to Abbott a certificate in writing within three (3) business days following its receipt of the Notice of Sale from Abbott to the effect that a sale pursuant to the Registration Statement in its then current form could constitute a violation of the federal securities laws. In such an event, RTI shall either (i) use commercially reasonable efforts to amend promptly the Registration Statement, if necessary, and take all other actions necessary to allow such sale under the federal securities laws, and shall notify Abbott promptly after it has determined that such sale has become permissible under the federal securities laws, or (ii) exercise its right under paragraph (b) below to delay the sale.
Selling Procedures. (a) On each Trading Day during the Plan Period on which no Market Disruption Event (as defined below) occurs, JPMS shall use commercially reasonable efforts to sell as agent for the Seller and for the account of the Seller the number of Securities that JPMS is able, subject to market conditions and principles of best execution, to sell as agent for the Seller and for the account of the Seller on such Trading Day using commercially reasonable means in accordance with the Plan guidelines set forth in Annex A hereto. JPMS may sell Securities on the Principal Market, any national securities exchange, in the over-the-counter market, on an automated trading system or otherwise. Any numbers of Securities to be sold (and any corresponding sale price limits or ranges) set forth in Annex A shall be adjusted automatically on a proportionate basis to take into account any stock split, reverse stock split or stock dividend with respect to the Securities or any change in capitalization with respect to the Issuer or any similar event that occurs during the term of this Letter Agreement, as determined by JPMS in good faith and a commercially reasonable manner. A “Trading Day” is any day during the Plan Period that the Principal Market is open for business and the Securities trade regular way on the Principal Market.
Selling Procedures a. The Company shall notify each Holder or a representative designated by such Holder (A) of any request by the SEC or any other federal or state governmental authority during the period of effectiveness of the registration statement for amendments or supplements to the registration statement or related prospectus or for additional information relating to the registration statement, (B) of the issuance by the SEC or any other federal or state governmental authority of any stop order suspending the effectiveness of the registration statement or the initiation of any proceedings for that purpose, (C) of the receipt by the Company of any notification with respect to the suspension of the qualification or exemption from qualification of any of the Registrable Securities for sale in any jurisdiction or the initiation or threatening of any proceeding for such purpose, or (D) of the happening of any event which makes any statement made in the registration statement or related prospectus or any document incorporated or deemed to be incorporated therein by reference untrue in any material respect or which requires the making of any changes in the registration statement or prospectus so that, in the case of the registration statement, it will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading, and that in the case of the prospectus, it will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In such event, the Company may suspend use of the prospectus by written notice to each Holder, in which case each Holder shall not dispose of Registrable Securities covered by the registration statement or prospectus until copies of a supplemented or amended prospectus are distributed to the Holders or until the Holders are advised in writing by the Company that the use of the applicable prospectus may be resumed. Subject to Section 4(b) below, the Company shall use its Best Efforts to ensure that the use of the prospectus may be resumed as soon as practicable. The Company shall use its Best Efforts to obtain the withdrawal of any order suspending the effectiveness of the registration statement, or the lifting of
Selling Procedures. Any sale of Registrable Securities by Holder --------------------- pursuant to Section 2.2 hereof shall be subject to the following conditions and procedures:
Selling Procedures. (a) On each Trading Day during the Plan Period on which no Market Disruption Event (as defined below) occurs, JPMS shall use commercially reasonable efforts to sell as agent for the Seller and for the account of the Seller on such Trading Day using commercially reasonable means in accordance with the Plan guidelines set forth in Annex A hereto. JPMS may sell Securities on the Principal Market, any national securities exchange, in the over-the-counter market, on an automated trading system or otherwise. Any numbers of Securities to be sold (and any corresponding sale price limits or ranges) set forth in Annex A shall be adjusted automatically on a proportionate basis to take into account any stock split, reverse stock split or stock dividend with respect to the Securities or any change in capitalization with respect to the Issuer or any similar event that occurs during the term of this Letter Agreement, as determined by JPMS in good faith and a commercially reasonable manner. A “Trading Day” is any day during the Plan Period that the Principal Market is open for business and the Securities trade regular way on the Principal Market.
Selling Procedures. (a) In the event Abbott intends to sell Shares pursuant to a Registration Statement, Abbott shall give ABS five (5) business days notice of its intent to sell in reliance on such Registration Statement (the "Notice of Sale"). ABS may refuse to permit Abbott to resell any Shares pursuant to the Registration Statement; provided, however, that in order to exercise this right, ABS must deliver a certificate in writing within three (3) business days following the Notice of Sale to Abbott to the effect that a sale pursuant to the Registration Statement in its then current form could constitute a violation of the federal securities laws. In such an event, ABS shall either (i) use commercially reasonable efforts to promptly amend the Registration Statement, if necessary, and take all other actions necessary to allow such sale under the federal securities laws, and shall notify Abbott promptly after it has determined that such sale has become permissible under the federal securities laws, or (ii) exercise its right under paragraph (b) below to delay the sale.
Selling Procedures. (a) In the event Abbott intends to sell Shares pursuant to a Registration Statement, Abbott shall give ABS five (5) business days notice of its intent to sell in reliance on such Registration Statement (the "Notice of Sale"). ABS may refuse to permit Abbott to resell any Shares pursuant to the Registration Statement; provided, however, that in order to exercise this right, ABS must
