HDS Common definition
Examples of HDS Common in a sentence
Nesco understands that the offer and sale of shares of HDS Common and HDS Series B Preferred have not been and will not be registered under the Securities Act or applicable state securities laws on the ground that the sale and the issuance of securities hereunder is exempt from registration under the Securities Act pursuant to Section 4(2) thereof, and that reliance by HDS on such exemption is predicated on the representations of Nesco set forth in this Section 9.23 and Section 9.26.
Nesco is acquiring shares of HDS Common and HDS Series B Preferred for investment for its own account and not as a nominee or agent, and not with a view to the resale or distribution of any part thereof.
The outstanding shares of HDS Series B Preferred and accrued dividends thereof are convertible, on the date hereof, into the number of shares of HDS Common set forth on Section 3.3.3 of the HDS Disclosure Schedule.
The HDS Signatory Stockholders agree to vote their respective shares of HDS Common and/or HDS Series B Preferred in favor of, or consent to, an action that may be required to be taken by HDS Stockholders in connection with the transactions contemplated by this Agreement or any other Transaction Document.
Resident agrees in advance to the charges listed in the HDS Common Residence Hall Charges Sheet, located at ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇▇▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇-▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇.
Except as otherwise expressly provided herein, the HDS Signatory Stockholders shall not offer, sell, transfer, pledge, assign or otherwise dispose of any of their shares of HDS Common, HDS Series B Preferred or securities convertible into or exchangeable for HDS Common (and any Nesco Exchange Shares received in accordance with this Agreement) from the date hereof until the earlier of (a) termination of this Agreement and (b) effectuation of the Exchange Transactions.
If any vote of or consent by the holders of any outstanding shares of HDS Common or any other securities of HDS is necessary in connection with the consummation of the Exchange and the other transactions contemplated hereby, each HDS Signatory Stockholder shall vote in favor thereof or provide written consent thereto.
On the date hereof, the HDS Signatory Stockholders hold not less than fifty and one-tenths percent (50.1%) of the HDS Common issued and outstanding and fifty and one-tenths percent (50.1%) of the HDS Series B Preferred issued and outstanding, in each case on a fully diluted basis.
The closing of the Exchange between Nesco and those HDS Preferred Stockholders, HDS Common Stockholders, and holders of HDS Options and HDS Warrants who are not HDS Signatory Stockholders and who, following the Closing Date, wish to participate in the Exchange and comply with the applicable requirements set forth in Section 6, shall take place on Subsequent Closing Date(s) to be selected in compliance with the terms of said Section.
Resident agrees in advance to the charges listed in the HDS Common Residence Hall Charges Sheet, located at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/uhds/rates-policies/room-and-dining-rates.