Additional Acknowledgements and Agreements. Company acknowledges and agrees that Dealer may, during the period from the First Averaging Date to the final Averaging Date (the “Relevant Period”), purchase Shares in connection with this Agreement. Such purchases will be conducted independently of Company. The timing of such purchases by Dealer, the number of Shares purchased by Dealer on any day, the price paid per Share pursuant to such purchases and the manner in which such purchases are made, including without limitation whether such purchases are made on any securities exchange or privately, shall be within the absolute discretion of Dealer. It is the intent of the parties that this Agreement comply with the requirements of Rule 10b5-1(c)(1)(i)(B) of the Exchange Act, and the parties agree that this Agreement shall be interpreted to comply with the requirements of Rule 10b5-1(c), and Company shall not take any action that results in this Agreement not so complying with such requirements. Without limiting the generality of the preceding sentence, Company acknowledges and agrees that (A) Company does not have, and shall not attempt to exercise, any influence over how, when or whether Dealer effects any purchases of Shares in connection with this Agreement, (B) during the period beginning on (but excluding) the date hereof and ending on (and including) the last day of the Relevant Period, neither Company nor its officers or employees shall, directly or indirectly, communicate any information regarding Company or the Shares to any employee of Dealer or its Affiliates responsible for trading the Shares in connection with the transactions contemplated hereby, (C) Company is entering into this Agreement in good faith and not as part of a plan or scheme to evade compliance with federal securities laws including, without limitation, Rule 10b-5 promulgated under the Exchange Act and (D) Company will not alter or deviate from this Agreement or enter into or alter a corresponding or hedging transaction with respect to the Shares, it being understood that the Other Dealer Warrant Settlement Agreements are not intended to be corresponding or hedging transactions. Company also acknowledges and agrees that any amendment, modification, waiver or termination of this Agreement must be effected in accordance with the requirements for the amendment or termination of a “plan” as defined in Rule 10b5-1(c) under the Exchange Act. Without limiting the generality of the foregoing, any such amendment, modification, waiver or...
Additional Acknowledgements and Agreements. The Company understands, acknowledges and agrees that (A) the Company does not have, and shall not attempt to exercise, any influence over how, when or whether Dealer effects any hedge unwind activity in connection with this Agreement; (B) Dealer and its affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into or unwind swaps or other derivative securities for its own account in connection with the termination or amendment of the Confirmations; (C) Dealer and its affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to the termination or amendment of the Confirmations; (D) Dealer shall make its own determination as to whether, when or in what manner any hedging or market activities in securities of the Company shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk with respect to the payment required under this Agreement; (E) any market activities of Dealer and its affiliates with respect to Shares may affect the market price and volatility of Shares, each in a manner that may be adverse to the Company and (F) Dealer may purchase or sell shares for its own account at an average price that may be greater than, or less than, any price paid by or to the Company in connection with the termination or amendment of the Confirmations.
Additional Acknowledgements and Agreements. Company acknowledges and agrees that (A) Company does not have, and shall not attempt to exercise, any influence over how, when or whether Dealer effects any hedge unwind activity in connection with this Agreement, (B) prior to the Notes Settlement Date, neither Company nor its officers or employees shall, directly or indirectly, communicate any information regarding Company or the Shares to any employee of Dealer or its affiliates responsible for trading the Shares in connection with the transactions contemplated hereby and identified to Company and (C) Company is entering into this Agreement in good faith and not as part of a plan or scheme to evade compliance with federal securities laws including, without limitation, Rule 10b-5 promulgated under the Exchange Act.
Additional Acknowledgements and Agreements. Employee hereby acknowledges and agrees that the covenants set forth in this Section 7 are reasonable as to time, scope and area and are not unduly burdensome on Employee. Employee further acknowledges and agrees that the duration of the Covenant Period shall be extended by and for the term of any period during which Employee is in material violation of any covenant set forth in Section 7.3, Section 7.4 or Section 7.5, as the case may be; provided , however, the Covenant Period shall not be extended for a period that exceeds two (2) years pursuant to this Section 7.5. Finally, Employee agrees that if any provision of this Section 7 is so broad, in time, scope, area, or otherwise as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If at the time of enforcement of this Section 7, a court shall hold that the duration, scope or area restrictions stated or implied herein are unreasonable , the parties agree that the maximum reasonable duration, scope or area shall be substituted for the stated or implied duration, scope or area.
Additional Acknowledgements and Agreements. Company acknowledges and agrees that Dealer may, during the Relevant Period, purchase Shares in connection with this Agreement. Such purchases will be conducted independently of Company. The timing of such purchases by Dealer, the number of Shares purchased by Dealer on any day, the price paid per Share pursuant to such purchases and the manner in which such purchases are made, including without limitation whether such purchases are made on any securities exchange or privately, shall be within the absolute discretion of Dealer. It is the intent of the parties that this Agreement comply with the requirements of Rule 10b5-1(c)(1)(i)(B) of the Exchange Act, and the parties agree that this Agreement shall be interpreted to comply with the requirements of Rule 10b5- 1(c), and Company shall not take any action that results in this Agreement not so complying with such requirements. Without limiting the generality of the preceding sentence, Company acknowledges and agrees that (A) Company does not have, and shall not attempt to exercise, any influence over how, when or whether Dealer effects any purchases of Shares in connection with this Agreement, (B) during the Relevant Period, neither Company nor its officers or employees shall, directly or indirectly, communicate any information regarding Company or the Shares to any employee of Dealer or its Affiliates responsible for trading the Shares in connection with the transactions contemplated hereby, (C) Company is entering into this Agreement in good faith and not as part of a plan or scheme to evade compliance with federal securities
Additional Acknowledgements and Agreements. The Company acknowledges and agrees that (A) the Company does not have, and shall not attempt to exercise, any influence over how, when or whether the Dealer effects any hedge unwind activity in connection with this Agreement and (B) the Company is entering into this Agreement in good faith and not as part of a plan or scheme to evade compliance with federal securities laws including, without limitation, Rule 10b-5 promulgated under the Exchange Act.
Additional Acknowledgements and Agreements. The parties acknowledge and agree that:
Additional Acknowledgements and Agreements a. Employee understands and acknowledges that Employee remains bound by any and all agreements with the Company with regard to confidential information, assignment of rights in intellectual property, non-competition and non-solicitation that by their terms remain in effect notwithstanding the termination of employment. Without limiting the foregoing, Employee acknowledges and agrees that Employee’s Invention, Non-Disclosure, and Non-Solicitation Agreement, a copy of which is attached hereto as Exhibit D (the “Restrictive Covenant Agreement”) shall continue to remain in full force and effect pursuant to its terms and that Employee shall honor them.
Additional Acknowledgements and Agreements. ● The Client acknowledges receipt of Part 2A Appendix 1 of StashInvest’s Form ADV and StashInvest’s Privacy Policy, which may be accessed by clicking on the following links: xxxxx://x0.xxxxxxxxx.xxx/disclosureassets/StashInvestFormADV.pdf and xxx.xxxxxxxxxxx.xxx/xxxxxxxxxxxxxxxx. These and other disclosure documents are also available at xxx.xxxxxxxxxxx.xxx/xxxxxxxxxxxxxxxxx. ● The Client agrees to notify us promptly via the Application of any change in the Client’s circumstances that might affect the Client’s StashInvest Account. ● The Client agrees to notify us promptly via the Application if his or her email address changes. ● The Client hereby grants express permission for electronic delivery of all documents relating to his or her StashInvest Account. This includes, without limitation, StashInvest’s Privacy Policy, Part 2A Appendix 1 (Wrap Brochure) of its Form ADV and Part 2B Brochure Supplement of its Form ADV.
Additional Acknowledgements and Agreements. ● The Client acknowledges receipt of Part 2A Appendix 1 of Stash’s Form ADV and Stash’s Privacy Policy, which may be accessed by clicking on the following links: xxxxx://xxx.xxxxxxxxxxx.xxx/disclosures/StashInvestFormADVPart2.pdf and xxxxx://xxx.xxxxxxxxxxx.xxx/theprivacypolicy. These and other disclosure documents are also available at xxx.xxxxxxxxxxx.xxx/xxxxxxxxxxxxxxxxx. ● The Client agrees to notify us promptly via the Application of any change in the Client’s circumstances that might affect the Client’s Stash Account. ● The Client agrees to notify us promptly via the Application if his or her email address changes. ● The Client hereby grants express permission for electronic delivery of all documents relating to his or her Stash Account. This includes, without limitation, Stash’s Privacy Policy and Part 2A Appendix 1 (Wrap Brochure) of its Form ADV. THE CLIENT ACKNOWLEDGES THAT HE OR SHE HAS CAREFULLY READ, UNDERSTANDS AND ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CLICKING ON THE “SUBMIT APPLICATION” BUTTON OR ENTERING AN ELECTRONIC SIGNATURE. IF THE CLIENT HAS ANY QUESTIONS ABOUT ANY OF THE PROVISIONS IN THIS AGREEMENT THE CLIENT WILL ADDRESS THEM WITH STASH AND CONSULT WITH THE CLIENT’S OWN LEGAL OR OTHER COUNSEL BEFORE AGREEING TO IT. THE CLIENT UNDERSTANDS THAT CLICKING OR CHECKING “SUBMIT APPLICATION” OR TYPING THE CLIENT’S NAME IN THE ELECTRONIC SIGNATURE FIELD IS THE LEGAL EQUIVALENT OF MANUALLY SIGNING THIS AGREEMENT AND THE CLIENT WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT SHALL BE BINDING ONCE ALL PARTIES INVOLVED HAVE ELECTRONICALLY SIGNED AND DATED THIS AGREEMENT. THE CLIENT ACKNOWLEDGES THAT THE ACCOUNT CONTRACTS MAY BE AMENDED FROM TIME TO TIME AND AMENDED ACCOUNT CONTRACTS WILL BE POSTED ON THE WEBSITE. THE CLIENT AGREES TO CHECK THE WEBSITE FOR NEW VERSIONS OF THE ACCOUNT CONTRACTS. THE CLIENT AGREES THAT, BY MAINTAINING A STASH ACCOUNT OR USING THE SERVICES WITHOUT OBJECTING IN WRITING AFTER STASH POSTS A NEW VERSION OF ANY ACCOUNT CONTRACT ON THE SITE, THE CLIENT WILL AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS OF ANY AMENDED ACCOUNT CONTRACT, INCLUDING ANY NEW OR CHANGED TERMS OR CONDITIONS.
