DKM definition
Examples of DKM in a sentence
DKM must not offer, resell, pledge or otherwise transfer the Shares except through registration under all applicable federal and state securities laws or an available exemption therefrom.
The parties hereto agree that as soon as practicable hereafter, for each installment of the Bridge Loan, or for the Bridge Loan in its entirety, as DKM shall in its discretion decide, they shall execute a promissory note and a security agreement, each in the same form as was used for the various Debt Documents, mutatis mutandis, retaining in particular the terms with respect to interest rate, interest payments, and term.
DKM has not relied and is not relying upon any statement or representation not made in this Agreement or in any certificate or document required to be provided by NXGH pursuant to this Agreement.
DKM is a limited liability company duly organized, existing, and in good standing under the laws of the State of Wyoming and has all requisite corporate power and authority to own, lease and operate its properties and to carry on its business as now being conducted.
Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of both NXGH and DKM.
NXGH has not relied and is not relying upon any statement or representation not made in this Agreement or in any certificate or document required to be provided by DKM pursuant to this Agreement.
DKM shall also receive standard dragalong rights, tagalong rights, and anti-dilution rights with respect to the Shares, and the parties agree to enter into such further agreements and documentation as may be necessary to document such rights.
DKM acknowledges that the Securities will not be not registered and therefore are “restricted securities” under the federal securities laws inasmuch as they are being acquired from NXGH in a transaction not involving a public offering.
DKM has full power and authority (corporate or otherwise) to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby.
In connection therewith, NXGH agrees that it shall simultaneously with the delivery of certificates for the Shares provide a letter from NXGH’s counsel, addressed to any transfer agent, DKM, and “any street broker of record,” consenting to the removal from the Shares and their certificate(s) of such restriction and any corresponding restrictive legend as of the end of the Holding Period, and further affirming that DKM is neither an affiliate nor an insider of NXGH and that NXGH is not a shell company.