Common use of Availability of Rule 144 Clause in Contracts

Availability of Rule 144. HDS shall not be obligated to register ------------------------ shares of HDS Stock held by any STOCKHOLDER at any time when the resale provisions of Rule 144(k) (or any similar or successor provision) promulgated under the 1933 Act are available to such STOCKHOLDER.

Appears in 5 contracts

Samples: Merger Agreement (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)

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Availability of Rule 144. HDS shall not be obligated to register ------------------------ shares of HDS Stock held by any STOCKHOLDER at any time when the resale provisions of Rule 144(k) 144 (or any similar or successor provision) promulgated under the 1933 Act are available to enable such STOCKHOLDERSTOCKHOLDER to sell all shares of HDS Stock issued pursuant to this Agreement and then held by such STOCKHOLDER within a consecutive 90 day period.

Appears in 1 contract

Samples: Merger Agreement (Hospitality Design & Supply Inc)

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Availability of Rule 144. HDS shall not be obligated to register ------------------------ shares of HDS Stock held by any STOCKHOLDER Stockholder at any time when the resale provisions of Rule 144(k144(K) (or any similar or successor provision) promulgated under the 1933 Act act are available to enable such STOCKHOLDERStockholder to sell all shares of HDS Stock issued prior to the Closing Date and then held by such Stockholder within a consecutive 90 day period.

Appears in 1 contract

Samples: Registration Rights Agreement (Hospitality Design & Supply Inc)

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