Transferee Bound by Agreement. Notwithstanding anything to the contrary in this Agreement, Shares may not be transferred or sold by the Designated Stockholder unless the transferee (including a Permitted Transferee) both executes and agrees to be bound by both this Agreement and the Proxy, including, without limitation, in a sale or transfer made pursuant to Rule 144 under the Securities Act (“Rule 144”); provided, however, that this Section 4 shall not apply to any sale or transfer and all other sales and transfers made by such Stockholder pursuant to Rule 144 during the term of this Agreement which do not exceed, in the aggregate, ten percent of the Shares held by such Stockholder, but the provisions of Section 2(b) shall continue to apply.
Transferee Bound by Agreement. Any Person who acquires in any manner whatsoever any interest in the Company, irrespective of whether such Person has accepted and adopted in writing the terms and provisions of this Agreement, shall, to the fullest extent permitted by law, be deemed by the acceptance of the benefit of the acquisition thereof to have agreed to be subject to and bound by all the obligations of this Agreement to or by which any predecessor in interest of such Person was subject or bound.
Transferee Bound by Agreement. Prior to the Conversion Date, the Shares subject to the Award that are owned or controlled by a Transferee (including a Permitted Transferee) shall for all purposes be subject to the terms of this Agreement (as if the Transferee were Participant), whether or not such Transferee has executed a consent to be bound by this Agreement.
Transferee Bound by Agreement. The Shares owned or controlled by a Transferee (including a Permitted Transferee) shall for all purposes be subject to the terms of this Agreement (as if the Transferee were the Grantee), whether or not such Transferee has executed a consent to be bound by this Agreement.
Transferee Bound by Agreement. The Series C Preferred Shares owned or controlled by a Transferee (including a Permitted Transferee) will for all purposes be subject to the terms of this Agreement, whether or not such Transferee has executed a consent to be bound by this Agreement.
Transferee Bound by Agreement. Notwithstanding anything to the contrary in this Agreement, restricted Shares may not be transferred or sold or assigned unless the transferee both executes and agrees to be bound by this Agreement provided, however, that this Section 4 shall not apply to any sale or transfer and all other sales and transfers made by such Shareholder of unrestricted, freely trading, shares of the Company through the public securities markets. This Section 4 will apply to any securities transaction by either the Xxxxxxxxx Shareholders or Blue Cap Shareholders that is not effected through the public securities market during the term of this Agreement.
Transferee Bound by Agreement. If, as a result of a Triggering Event, all or any part of the Company Securities of a Shareholder have been Transferred to a Transferee, such Transferee shall (a) take and hold the Company Securities subject to this Agreement and to all of the obligations and restrictions arising hereunder upon the Shareholder from whom such Company Securities were acquired and (b) shall observe and comply with this Agreement and with all such obligations and restrictions including, without limitation, the obligation to retransfer the Company Securities to the Company as set forth herein.
Transferee Bound by Agreement. If all or any part of a Shareholder's Stock has been transferred to a transferee, such transferee: (i) shall take and hold the Stock subject to this Agreement and to all of the obligations and restrictions arising hereunder upon the Shareholder from whom such Stock was acquired; and (ii) shall observe and comply with this Agreement and with all such obligations and restrictions including, without limitation, the obligation to retransfer the Stock to the Company and/or other shareholders as set forth herein.
Transferee Bound by Agreement. Except as indicated in the next sentence, the Securities owned or controlled by a Transferee (including an Investor Permitted Transferee) shall for all purposes be subject to the terms of this Second Amended Agreement, whether or not such Transferee has executed a consent to be bound by this Second Amended Agreement. Notwithstanding anything in this Second Amended Agreement to the contrary, in the event of a Demand Registration pursuant to Section 6.1, the purchasers of securities in such registered offering shall not be bound by, nor entitled to any of the rights under, the terms of this Second Amended Agreement, whether or not such registered offering qualifies as a Public Offering.
Transferee Bound by Agreement. Any transferee permitted under Section 2.1 above shall receive and hold the Offered Shares as an additional Shareholder subject to the terms of this Agreement.
