Common use of Applicability of Restrictions Clause in Contracts

Applicability of Restrictions. The requirements of Section 7(b) above shall not apply to any transfer or grant of a security interest in, this Warrant (or the Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the Holder if the Holder is a partnership or to a member of the Holder if the Holder is a limited liability company, (ii) to a partnership of which the Holder is a partner or to a limited liability company of which the Holder is a member, or (iii) to any affiliate of the Holder if the Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company's request agree in writing to be bound by the terms of this Warrant as if an original Holder hereof.

Appears in 6 contracts

Samples: Note Purchase Agreement (Kennedy Wilson Inc), Warrant Agreement (Kennedy Wilson Inc), Warrant Agreement (Kennedy Wilson Inc)

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Applicability of Restrictions. The Neither any restrictions described in this Warrant nor the requirements of Section 7(b) above shall not apply to any transfer or grant of a security interest in, this Warrant (or the Common Stock obtainable Shares issuable upon exercise thereof) or any part hereof (i) to a partner of the Holder if the Holder is a partnership or to a member of the Holder if the Holder is a limited liability company, (ii) to a partnership of which the Holder is a partner or to a limited liability company of which the Holder is a member, or (iii) to any affiliate of the Holder if the Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company's ’s request agree in writing to be bound by the terms of this Warrant and the Investor Rights Agreement as if an original Holder hereofthe Original Holder.

Appears in 2 contracts

Samples: Warrant Agreement (Solyndra, Inc.), Warrant Agreement (Solyndra, Inc.)

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