Common use of Transferees Bound; Confirmatory Document Required Prior to Transfer Clause in Contracts

Transferees Bound; Confirmatory Document Required Prior to Transfer. (a) In the event that either the 1947/1945 Holders, or the Hicks Holders propose to Transfer Company Common Shares such that the Txxxxxeree would be a 3% Shareholder Transferee, or if the Company proposes to Transfer Company Common Shares such that the Transferee would be a 15% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.1, 4.2, 4.4 and 5.3. The restrictions set forth in Sections 4.1, 4.2, 4.4 and 5.3 shall also apply to any subsequent Transfers of such Company Common Shares. Any 3% Shareholder Transferee or 15% Company Transferee shall have the obligations of an Offering Holder under Section 4.1 but not the rights of an Offered Holder. Such 3% Shareholder Transferee or 15% Company Transferee shall not have any rights of an Offering Holder (including the Bring-Along Right) pursuant to Section 4.2, but shall have the obligations of an Offered Holder pursuant to Section 4.2. In the event that the Company proposes to Transfer Company Common Shares such that the Transferee would be a 3% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.2(b) and 4.2(d)(i). The restrictions set forth in Sections 4.2(b) and 4.2(d)(i) shall also apply to any subsequent Transferees of such Company Common Shares. Notwithstanding this Section 4.4 and any other provision hereof to the contrary, a 3% Company Transferee shall only have the obligation to vote its shares in favor of a Bring-Along Transaction pursuant to Section 4.2(b) or a Company Sale and otherwise use its reasonable best efforts to cause such Company Sale to be consummated pursuant to Section 4.2(d)(i).

Transferees Bound; Confirmatory Document Required Prior to Transfer. (a) In the event that either the 1947/1945 Holders, or the Hicks Holders propose to Transfer Company Common Shares such that the Txxxxxeree Xxxxsferee would be a 3% Shareholder Transferee, or if the Company proposes to Transfer Company Common Shares such that the Transferee would be a 15% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.1, 4.2, 4.4 4.1,4.2,4.4 and 5.3. The restrictions set forth in Sections 4.1, 4.2, 4.4 4.1,4.2,4.4 and 5.3 shall also apply to any subsequent Transfers of such Company Common Shares. Any 3% Shareholder Transferee or 15% Company Transferee shall have the obligations of an Offering Holder under Section 4.1 but not the rights of an Offered Holder. Such 3% Shareholder Transferee or 15% Company Transferee shall not have any rights of an Offering Holder (including the Bring-Along Right) pursuant to Section 4.2, but shall have the obligations of an Offered Holder pursuant to Section 4.2. In the event that the Company proposes to Transfer Company Common Shares such that the Transferee would be a 3% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.2(b) and 4.2(d)(i). The restrictions set forth in Sections 4.2(b) and 4.2(d)(i) shall also apply to any subsequent Transferees of such Company Common Shares. Notwithstanding this Section 4.4 and any other provision hereof to the contrary, a 3% Company Transferee shall only have the obligation to vote its shares in favor of a Bring-Along Transaction pursuant to Section 4.2(b) or a Company Sale and otherwise use its reasonable best efforts to cause such Company Sale to be consummated pursuant to Section 4.2(d)(i).

Transferees Bound; Confirmatory Document Required Prior to Transfer. (a) In the event that either the 1947/1945 Hampstead Holders, or the Hicks Xxxxx Holders propose to Transfer Company Common Shares such that the Txxxxxeree Transferee would be a 35% Shareholder Transferee, or if the Company proposes to Transfer Company Common Shares such that the Transferee would be a 15% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.1, 4.2, 4.4 and 5.3. The restrictions set forth in Sections 4.1, 4.2, 4.4 and 5.3 shall also apply to any subsequent Transfers of such Company Common Shares. Any 35% Shareholder Transferee or 15% Company Transferee shall have the obligations of an Offering Holder under Section 4.1 but not the rights of an Offered Holder. Such 35% Shareholder Transferee or 15% Company Transferee shall not have any rights of an Offering Holder (including the Bring-Along Right) pursuant to Section 4.2, but shall have the obligations of an Offered Holder pursuant to Section 4.2. In the event that the Company proposes to Transfer Company Common Shares such that the Transferee would be a 35% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.2(b) and 4.2(d)(i). The restrictions set forth in Sections 4.2(b) and 4.2(d)(i) shall also apply to any subsequent Transferees of such shares of Company Common Shares. Notwithstanding this Section 4.4 and any other provision hereof to the contrary, a 35% Company Transferee shall only have the obligation to vote its shares in favor of a Bring-Along Transaction pursuant to Section 4.2(b) or a Company Sale and otherwise use its reasonable best efforts to cause such Company Sale to be consummated pursuant to Section 4.2(d)(i).

Transferees Bound; Confirmatory Document Required Prior to Transfer. (a) In the event that either the 1947/1945 Hampstead Holders, or the Hicks Holders propose to Transfer Company Common Shares such that the Txxxxxeree xxx Transferee would be a 35% Shareholder Transferee, or if the Company proposes to Transfer Company Common Shares such that the Transferee would be a 15% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.1, 4.2, 4.4 and 5.3. The restrictions set forth in Sections 4.1, 4.2, 4.4 and 5.3 shall also apply to any subsequent Transfers of such Company Common Shares. Any 35% Shareholder Transferee or 15% Company Transferee shall have the obligations of an Offering Holder under Section 4.1 but not the rights of an Offered Holder. Such 35% Shareholder Transferee or 15% Company Transferee shall not have any rights of an Offering Holder (including the Bring-Along Right) pursuant to Section 4.2, but shall have the obligations of an Offered Holder pursuant to Section 4.2. In the event that the Company proposes to Transfer Company Common Shares such that the Transferee would be a 35% Company Transferee, the proposed Transferee(s) of Company Common Shares shall first be required to execute a confirmatory document in which it agrees in writing to be bound by the terms of Sections 4.2(b) and 4.2(d)(i). The restrictions set forth in Sections 4.2(b) and 4.2(d)(i) shall also apply to any subsequent Transferees of such shares of Company Common Shares. Notwithstanding this Section 4.4 and any other provision hereof to the contrary, a 35% Company Transferee shall only have the obligation to vote its shares in favor of a Bring-Along Transaction pursuant to Section 4.2(b) or a Company Sale and otherwise use its reasonable best efforts to cause such Company Sale to be consummated pursuant to Section 4.2(d)(i).