Common use of Offering of Preferred Shares Clause in Contracts

Offering of Preferred Shares. Neither the Corporation nor any Person acting on its behalf has taken or will take any action (including, without limitation, any offering of any securities of the Corporation under circumstances which would require, under the Securities Act, the integration of such offering with the offering and sale of the Preferred Shares) which might subject the offering, issuance or sale of the Preferred Shares to the registration requirements of Section 5 of the Securities Act.

Appears in 5 contracts

Samples: Stock Purchase Agreement (RCN Corp /De/), Stock Purchase Agreement (Hicks Thomas O), Stock Purchase Agreement (Level 3 Telecom Holdings Inc)

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Offering of Preferred Shares. Neither the Corporation Company nor any Person acting on its behalf has taken or will take any action (including, without limitation, any offering of any securities of the Corporation Company under circumstances which would require, under the Securities Act, the integration of such offering with the offering and sale of the Preferred Shares) which might reasonably be expected to subject the offering, issuance or sale of the Preferred Shares to the registration requirements of Section 5 of the Securities Act.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp), Stock Purchase Agreement (Forstmann Little & Co Sub Debt & Equ MGMT Buyout Part Vi Lp), Stock Purchase Agreement (Nm Acquisition Corp)

Offering of Preferred Shares. Neither the Corporation nor any Person acting on its behalf has taken or will take any action (including, without limitation, any offering of any securities of the Corporation under circumstances which that would require, under the Securities Act, the integration of such offering with the offering and sale of the Preferred Shares) which that might subject the offering, issuance or sale of the Preferred Shares to the registration requirements of Section 5 of the Securities Act.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Signature Eyewear Inc), Stock Purchase Agreement (Signature Eyewear Inc)

Offering of Preferred Shares. Neither the Corporation Company nor any Person acting on its behalf has taken or will take any action (including, without limitation, any offering of any securities of the Corporation Company under circumstances which would require, under the Securities Act, the integration of such offering with the offering and sale of the Convertible Preferred Shares) which might reasonably be expected to subject the offering, issuance or sale of the Convertible Preferred Shares to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Stock Purchase Agreement (Icahn Carl C Et Al)

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Offering of Preferred Shares. Neither the Corporation Company nor any ---------------------------- Person acting on its behalf has taken or will take any action (including, without limitation, any offering of any securities of the Corporation Company under circumstances which would require, under the Securities Act, the integration of such offering with the offering and sale of the Preferred Shares) which might reasonably be expected to subject the offering, issuance or sale of the Preferred Shares to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Stock Purchase Agreement (McLeodusa Inc)

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