and us Sample Clauses

and us. You are liable for all transactions initiated through the Services using your Security Credentials and Security Procedures, even if you did not participate in the transaction. Notwithstanding any contrary provisions in your Account Agreement, if you use the Services to access a joint Account that requires more than one signature to authorize a check or complete another transaction, or your Account is subject to any additional restriction, we will not monitor or restrict the aspects of those Accounts in relation to your use of the Services. When such a joint or restricted Account is accessed through the Services, all authorized signers are jointly responsible for all transactions that occur in the Account, whether performed by a single Authorized User, and whether the restrictions are violated or not. This provision shall supersede any contrary or conflicting provisions in your Account Agreement.

and us. If we, as landlord of the dwelling, delay or fail to exercise lease rights, pursue remedies, give notices, or make demands to you, as Co-Signer, you will not consider it as a waiver of our rights, as owner. All our remedies against the tenant(s) apply to Co-Signer, as well. All tenants and Co-Signers are jointly and severally liable. It is unnecessary for us to sue or exhaust remedies against tenants in order for you to be liable. In the event the tenant(s) fail(s) to pay the rent when due, we may notify you in writing, of such failure and you shall PROMPTLY pay to us all amounts then owed, and from time to time thereafter owed, under the provisions of the Lease Contract.

and us. If the requirements listed in Paragraph C. above are satisfied, we and the boiler and machinery in- surer(s) will make payments to the extent, and in the manner, described as follows:

and us. Among other things, it covers the obligation of the Applicant(s) to reimburse us, to provide security for their obligations, and that upon the occurrence of certain events the Applicant(s) will deliver additional security for its (their) obligations and defines the rights of, and remedies available to, us under various circumstances. The third part is an Authorization of the Account Party, if the Account Party is not also the Order Party, under which the Account Party agrees to be bound by this Agreement. Part I: Application for Standby or Performance Letter of Credit TO: THE CHASE MANHATTAN BANK Letter of Credit Division 55 Water Street 17th Floor Xxx Xxxx, Xxx Xxxx 00000 ("Xxxxxx") Xxx xxxxxxxxxxx xereby request(s) that you issue your irrevocable letter of credit by: |_| Airmail |_| Teletransmission (Specify means___________) |X| Courier Service (If none specified, issuer may choose)

and us. There is no arrangement for funds to be received in any escrow, trust or similar arrangement. The aggregate compensation payable to the Agents shall be up to 3.0% of the gross sales price of the shares sold pursuant to the Distribution Agreement. In connection with the sale of the common stock on our behalf, each Agent will be deemed to be an “underwriter” within the meaning of the Securities Act and the compensation of each Agent will be deemed to be underwriting commissions or discounts. We have also agreed to provide rights of indemnification and contribution to the Agents with respect to certain liabilities, including liabilities under the Securities Act. Investing in our common stock involves risks. You should review carefully the risks and uncertainties described underthe heading “Risk Factors” beginning on page S-3 of this prospectus supplement and page of the accompanying prospectus and under similar headings in the other documents that are incorporated by reference in this prospectus supplement and the accompanying prospectus. ABOUT THIS PROSPECTUS SUPPLEMENT ii PROSPECTUS SUPPLEMENT SUMMARY S-1 THE OFFERING S-2 RISK FACTORS S-3 FORWARD-LOOKING STATEMENTS S-7 USE OF PROCEEDS S-9 DIVIDEND POLICY S-9 DESCRIPTION OF CAPITAL STOCK S-9 PLAN OF DISTRIBUTION S-11 CERTAIN MATERIAL U.S. FEDERAL INCOME TAX CONSIDERATIONS S-12 LEGAL MATTERS S-16 DOCUMENTS INCORPORATED BY REFERENCE S-16 WHERE YOU CAN FIND MORE INFORMATION S-18 PROSPECTUS ABOUT THIS PROSPECTUS ii SUMMARY 1 RISK FACTORS 4 FORWARD-LOOKING STATEMENTS 7 RECENT DEVELOPMENTS 9 USE OF PROCEEDS 10 MARKET FOR COMMON SHARES 11 DIVIDEND POLICY 11 CERTAIN INCOME TAX CONSIDERATIONS 11 DESCRIPTION OF CAPITAL STOCK 11 DESCRIPTION OF WARRANTS 14 DESCRIPTION OF UNITS 16 PLAN OF DISTRIBUTION 17 EXPERTS 18 LEGAL MATTERS 18 DOCUMENTS INCORPORATED BY REFERENCE 19 WHERE YOU CAN FIND MORE INFORMATION 20 i This prospectus supplement relates to the offering of our shares of common stock. Before buying any of the shares of common stock that we are offering, we urge you to carefully read this prospectus supplement, together with the accompanying prospectus and information incorporated by reference herein and therein as described under the headings “Where You Can Find More Information” and “Documents Incorporated by Reference” in this prospectus supplement, and any free writing prospectus or prospectus supplement that we have authorized for use in connection with this offering. These documents contain important informati...

and us. On October 22, 2004, the court issued the poison pill order upholding the validity of NRL's poison pill. The court did not rule on the applicability of the Maryland Control Share Acquisition Act, but commented that "it would seem unfair to allow NRL to invoke [the control share act] against the Trusts under these circumstances." In addition, the court did not address whether the Trusts' ownership of more than 3% of the Fund's shares violated the Investment Company Act of 1940. A copy of the poison pill order is attached as Exhibits a(25) and a(26) to Amendment No. 4 to the Schedule TO we have filed with the SEC. We expect to appeal the poison pill order to the United States Court of Appeals for the Fourth Circuit in order to obtain a final judgment in our favor invalidating NRL's poison pill. We also intend to continue to seek to have the court enter a final judgment in our favor with respect to the other matters involved in our litigation with NRL, including the application of Maryland's control share act to us and our offer and NRL's claim that our ownership of more than 3% of NRL's outstanding voting stock violates the Investment Company Act of 1940. In light of this court activity, we elected to extend the offer to 5:00 p.m. New York City time on Tuesday January 25, 2005. Will you accept shares tendered in the offer for payment if you are not successful in obtaining a court ruling against NRL? Each of the defensive measures taken by NRL's board on September 23, 2004 will prevent one or more of the conditions to our offer from being met. See "THE OFFER - Section 14." We do not intend to rely on the announcement, commencement or consummation of NRL's self tender offer as grounds for avoiding or delaying our obligation to accept for payment and pay for tendered shares. However, we do not expect to accept for purchase the shares tendered in our offer if we are not successful in obtaining a final judgment against NRL invalidating the poison pill, finding that the Maryland control share statute does not apply to us and our offer, and finding that our ownership of more than 3% of NRL's outstanding voting stock does not violate the Investment Company Act of 1940. If I already tendered my shares in the offer, do I have to do anything now? No. Shareholders who validly tendered their shares previously and have not withdrawn them do not have to take any further action. If the Offer is completed, these shares will be accepted for payment and the tendering sharehold...

and us. There is no arrangement for funds to be received in any escrow, trust or similar arrangement. The compensation to A.G.P. for sales of common stock sold pursuant to the sales agreement will be equal to 3.0% of the gross proceeds of any shares of common stock sold under the sales agreement, in addition to reimbursement of certain expenses, see “Plan of Distribution.” In connection with the sale of the common stock on our behalf, A.G.P. will be deemed to be an “underwriter” within the meaning of the Securities Act and the compensation of A.G.P. will be deemed to be underwriting commissions or discounts. We have also agreed to provide indemnification and contribution to A.G.P. with respect to certain liabilities, including liabilities under the Securities Act or the Securities Exchange Act of 1934, as amended, or the Exchange Act.

and us. Among other things, it covers the obligation of the Applicant(s) to reimburse us, the security provided for their obligations, that upon the occurrence of certain events the Applicant(s) will deliver additional security for its (their) obligations and defines the rights of, and remedies available to, us under various circumstances. The third part is an Authorization of the Account Party, if the Account Party is not also the Order Party, under which the Account Party agrees to be bound by this Agreement. Part I: Application for Standby or Performance Letter of Credit TO: THE CHASE MANHATTAN BANK, Letter of Credit Division 4 Xxxxx Xxxxx Xxxx Xxxxxx Xxxxxxxx, Xxx Xxxx 00000 ("Issuer") The undersigned hereby request(s) that you issue your irrevocable letter of credit by: / / Airmail / / Teletransmission (Specify means _________) / / Courier Service (If none specified, Issuer may choose) IN FAVOR OF: TO BE ADVISED THROUGH: / / CHECK BOX IF ALSO TO BE CONFIRMED BY ADVISING BANK ----------------------- ------------------------ ----------------------- ------------------------ ----------------------- ------------------------ ----------------------- ------------------------ ----------------------- ------------------------ ("Beneficiary") By order of ------------------------------------- ("Order Party") For account of ---------------------------------- ("Account Party") Up to an aggregate amount of -------------------- Available by (complete A or B, NOT both):

and us. There is no arrangement for funds to be received in any escrow, trust or similar arrangement. As of the date of this prospectus supplement, the aggregate market value of our outstanding common stock held by non-affiliates, or our public float, was approximately $34,029,745, which amount is based on 8,793,216 outstanding shares of common stock held by non-affiliates and a per share price of $3.87, the closing price of our common stock on September 11, 2020, which is the highest closing sale price of our common stock on The Nasdaq Capital Market within the prior 60 days. Pursuant to General Instruction I.B.6 of Form S-3, so long as our public float remains below $75,000,000, in no event will we sell securities with a value of more than one-third of our public float in any 12-month period under the registration statement of which this prospectus is a part. We have not sold any securities pursuant to General Instruction I.B.6 to Form S-3 during the 12 calendar month period that ends on and includes the date of this prospectus supplement. The compensation to A.G.P. for sales of common stock sold pursuant to the sales agreement will be equal to 3.0% of the gross proceeds of any shares of common stock sold under the sales agreement. In connection with the sale of the common stock on our behalf, A.G.P. will be deemed to be an “underwriter” within the meaning of the Securities Act and the compensation of A.G.P. will be deemed to be underwriting commissions or discounts. We have also agreed to provide indemnification and contribution to A.G.P. with respect to certain liabilities, including liabilities under the Securities Act or the Exchange Act of 1934, as amended, or the Exchange Act. ABOUT THIS PROSPECTUS SUPPLEMENT S-i PROSPECTUS SUPPLEMENT SUMMARY S-1 RISK FACTORS S-4 CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS S-5 USE OF PROCEEDS S-6 DILUTION S-7 PLAN OF DISTRIBUTION S-8 LEGAL MATTERS S-9 EXPERTS S-9 WHERE YOU CAN FIND MORE INFORMATION S-9 INCORPORATION OF DOCUMENTS BY REFERENCE S-9 ABOUT THIS PROSPECTUS i RISK FACTORS 2 PROSPECTUS SUMMARY 1 USE OF PROCEEDS 4 CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS 3 DESCRIPTION OF WARRANTS 7 DESCRIPTION OF CAPITAL STOCK 5 PLAN OF DISTRIBUTION 9 DESCRIPTION OF UNITS 8 EXPERTS 11 LEGAL MATTERS 11 WHERE YOU CAN FIND MORE INFORMATION 11 INCORPORATION OF INFORMATION BY REFERENCE 11 This document is part of a “shelf” registration statement on Form S-3 that we filed with the SEC, and is in two parts. The first ...

and us. As of December 31, 2010, we owned 32.4% of the outstanding common stock of Xxxxxxxxx’x. Xxxxxxxxx’x is a REIT engaged in leasing, managing, developing and redeveloping properties, focusing primarily on the locations where its department stores operated before they ceased operations in 1992. Xxxxxxxxx’x has seven properties, which are located in the greater New York metropolitan area. In addition to the 2.3% that they indirectly own through Vornado, Interstate Properties, which is described above, and its partners owned 27.2% of the outstanding common stock of Xxxxxxxxx’x as of December 31, 2010. Xx. Xxxx is the Chairman of the Board of Vornado, the managing general partner of Interstate, and the Chairman of the Board and Chief Executive Officer of Xxxxxxxxx’x.