Acknowledgment of Other Agreements. All rights, interests, agreements and obligations of the Super Senior Collateral Agent and the Super Senior Claimholders and the Subordinated Lien Collateral Agent and the Subordinated Lien Claimholders, respectively, hereunder are subject to (a) that certain Intercreditor Agreement, dated as of September 18, 2023, by and among ATW Special Situations II LLC, as succeeded by Acquiom Agency Services LLC, in its capacity as First Lien Collateral Agent (as defined therein), and ATW Special Situations I LLC, in its capacity as Second Lien Collateral Agent (as defined therein) and acknowledged and agreed to by the Grantors, (b) that certain Intercreditor Agreement, dated as of January 30, 2024, by and among ATW Special Situations II LLC, as succeeded by ATW Special Situations Management LLC, in its capacity as First Lien Collateral Agent (as defined therein), and ATW Special Situations I LLC, in its capacity as Subordinated Lien Collateral Agent (as defined therein) and acknowledged and agreed to by the Grantors, (c) that certain Pari Passu Intercreditor Agreement, dated as of January 30, 2024, by and among ATW Special Situations Management LLC, in its capacity as Credit Agreement Collateral Agent (as defined therein), Acquiom Agency Services LLC, in its capacity as the 2023 44 168776.01000/150935587v.4 First Lien Agent (as defined therein), and the Grantors, (d) that certain Intercreditor Agreement, dated as of even date herewith, by and among ATW Special Situations Management LLC, in its capacity as Super Senior Collateral Agent (as defined therein), and Acquiom Agency Services LLC, in its capacity as Subordinated Lien Collateral Agent (as defined therein) and acknowledged and agreed to by the Grantors and (e) that certain Intercreditor Agreement, dated as of even date herewith, by and among ATW Special Situations Management LLC, in its capacity as Super Senior Collateral Agent (as defined therein), and ATW Special Situations I LLC, in its capacity as Subordinated Lien Collateral Agent (as defined therein) and acknowledged and agreed to by the Grantors. 45 168776.01000/150935587v.4
Acknowledgment of Other Agreements. The Holders acknowledge that ---------------------------------- they have been informed by Parent that other stockholders of Parent currently hold certain Form S-3 and other registration rights that may enable such other stockholders to sell shares of Parent during the Registration Period or at other times (thus potentially adversely affecting the receptivity of the market to the sale of the Registrable Securities pursuant to a registration effected pursuant to this Agreement).
Acknowledgment of Other Agreements. The Holders acknowledge that ---------------------------------- they have been informed by Excite@Home that other stockholders of Excite@Home currently hold certain Form S-3 and other registration rights that may enable such other stockholders to sell shares of Excite@Home during one or more Permitted Windows or at other times (thus potentially adversely affecting the receptivity of the market to the sale of the Registrable Securities pursuant to a registration effected pursuant to this Agreement). The Holders further acknowledge (i) that Excite@Home has agreed not to effect any public sale or distribution of any of its equity securities or of any security convertible into or exchangeable or exercisable for any equity security of Excite@Home during the fourteen days prior to, and during the sixty day period beginning on, the effective date of any "Demand Registration" (as such term is defined in that certain Third Amended and Restated Registration Rights Agreement dated as of April 11, 1997, among Excite@Home and certain holders of Excite@Home capital stock and attached as Exhibit 4.01 to Excite@Home's Form S-1 filed with the SEC on May 16, 1997 (except as part of such registration), a copy of which has been given to Worldprints and its counsel, and (ii) hereby agree not to effect any public sale or distribution of any Excite@Home capital stock during the periods described in clause (i) above, in each case including a sale pursuant to Rule 144 promulgated under the 1933 Act; provided, that as to each Holder Excite@Home shall extend the Registration Period for that number of days which such Holder of Registrable Securities could have otherwise sold such securities during a Permitted Window but for the foregoing agreement of the Holders under clause (ii) above.
Acknowledgment of Other Agreements. The Holders acknowledge that they have been informed by HNC that other stockholders of HNC currently hold certain Form S-3 and other registration rights that may enable such other stockholders to sell shares of HNC during one or more Permitted Windows or at other times (thus potentially adversely affecting the receptivity of the market to the sale of the Registrable Securities pursuant to a registration effected pursuant to this Agreement) and that certain stockholders hold "piggyback registration rights" that may allow them to participate in a registration effected pursuant to this Agreement. If after the date of this Agreement and prior to expiration of the Registration Period, HNC enters into an agreement pursuant to which HNC grants registration rights to a third party or parties that may be exercised during the Registration Period, then, within thirty (30) days after it enters into such agreement, HNC will notify the Holders of the grant of such registration rights and their general terms.
Acknowledgment of Other Agreements. The Holders acknowledge that they have been informed by VeriSign that other shareholders of VeriSign currently hold certain S-3 and other registration rights that may enable such other shareholders to sell shares of VeriSign during one or more Permitted Windows or at other times (thus potentially adversely affecting the receptivity of the market to the sale of the Registrable Securities pursuant to the Shelf Registration) and that certain shareholders hold "piggyback registration rights" that may allow them to participate in a registration effected pursuant to this Agreement. In the event that, after the date of this Agreement and prior to expiration of the Effectiveness Period, VeriSign enters into an agreement pursuant to which VeriSign grants registration rights to a third party or parties that may be exercised during the Effectiveness Period, then, within thirty (30) days after it enters into such agreement, VeriSign will notify the THAWTE Shareholder of the grant of such registration rights and their general terms. 1.12
Acknowledgment of Other Agreements. All rights, interests, agreements and obligations of the 2024 First Lien Collateral Agent and the 2024 First Lien Claimholders and the Second Lien Collateral Agent and the Second Lien Claimholders, respectively, hereunder are subject to (a) that certain Intercreditor Agreement, dated as of September 18, 2023, by and among ATW Special Situations II LLC, as succeeded by Acquiom Agency Services LLC, in its capacity as First Lien Collateral Agent (as defined therein), and ATW Special Situations I LLC, in its capacity as Second Lien Collateral Agent (as defined therein) and acknowledged and agreed to by the Grantors and (b) that certain Pari Passu Intercreditor Agreement, dated as of January 30, 2024, by and among ATW Special Situations Management LLC, in its capacity as Credit Agreement Collateral Agent (as defined therein), Acquiom Agency Services LLC, in its capacity as the 2023 First Lien Agent (as defined therein), and the Grantors.
Acknowledgment of Other Agreements. The Holders acknowledge that they have been informed by HNC that other shareholders of HNC currently hold certain S-3 and
Acknowledgment of Other Agreements. The Holders acknowledge that they have been informed by Acquirer that other stockholders of Acquirer currently hold certain Form S-3 and other registration rights that may enable such other stockholders to sell shares of Acquirer during the Registration Period or at other times (thus potentially adversely affecting the receptivity of the market to the sale of the Registrable Securities pursuant to a registration effected pursuant to this Agreement).
Acknowledgment of Other Agreements. The Holders acknowledge that certain security holders hold "piggyback registration rights" that may allow them to participate in a registration effected pursuant to this Agreement. If after the date of this Agreement and prior to expiration of the Registration Period, HNC enters into an agreement pursuant to which HNC grants registration rights to a third party or parties that may be exercised during the Registration Period, then, within thirty (30) days after it enters into such agreement, HNC will notify the Holders of the grant of such registration rights and their general terms.
Acknowledgment of Other Agreements. The Holders acknowledge that other security holders may hold registration rights that may allow them to participate in a registration and registration statement effected pursuant to this Agreement and that HNC may enter into one or more agreements pursuant to which HNC grants registration rights to a third party or parties that may be exercised during the Registration Period and/or at other times.
