Examples of Representative Committee in a sentence
The Registration Statement shall be on Form S-3 (except if the Company is not then eligible to register for resale the Registrable Securities on Form S-3, in which case, such registration shall be on another appropriate form in accordance herewith) and shall contain (unless otherwise directed by the Stockholder Representative Committee) substantially the “Plan of Distribution” attached hereto as Annex A or as otherwise required by the SEC, the Securities Act and any rules promulgated thereunder.
All actions, decisions and instructions of the Stockholder Representative Committee shall be conclusive and binding upon all of the Participating Rights Holders.
The Company may not assign its rights or obligations hereunder without the prior written consent of the Stockholder Representative Committee.
Subject to the applicable disclosure rules, the Company shall notify the Stockholder Representative Committee promptly of the institution, threat or assertion of any Proceeding arising from or in connection with the transactions contemplated by this Agreement of which the Company is aware.
The Company shall promptly notify the Stockholder Representative Committee via facsimile or e-mail of the effectiveness of the Registration Statement on the same Trading Day that the Company confirms effectiveness with the SEC.
Xxxxx, acting, in each case, in his capacity as a member of the Stockholder Representative Committee (as defined in the Agreement and Plan of Merger, dated as of August 1, 2006, by and among the Company, OccuLogix Mergeco, Inc., Solx, Inc.
Subject to the rights and powers of the Stockholder Representative Committee, each Holder shall be entitled to protect and enforce its rights, including, without limitation, the rights arising out of this Agreement, and it shall not be necessary for any other Holder to be joined as an additional party in any proceeding for such purpose.
The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions hereof may not be given, unless the same shall be in writing and signed by the Company and by at least two members of the Stockholder Representative Committee.
Xxxxx, acting in each case, in his capacity as a member of the Stockholder Representative Committee referred to therein, as amended).
In the event that Acquiror believes that the Company (prior to the Effective Time) or the Securityholders’ Representative Committee (following the Effective Time) has not made a reasonable determination, then the Parties will seek the opinion of mutually agreed third party independent counsel to make such a determination, which opinion shall be final, binding and conclusive upon the Parties.