Beneficial Ownership of Securities. Except as set forth below in this Item (3), the undersigned Selling Securityholder does not beneficially own any securities or shares of Common Stock issued upon conversion of any securities.
Beneficial Ownership of Securities. Except as set forth below in this Item (4), the undersigned is not a Beneficial Owner of any Securities.
Beneficial Ownership of Securities. Without in any way derogating from the validity and enforceability of the mortgage charge, hypothecation, pledge and grant of security interest described in this Agreement, and the rights and remedies of INI with respect thereto, until the occurrence of an Event of Default and the determination of INI to enforce its rights under this Agreement, BIO-ONE shall be the beneficial owner of the Securities.
Beneficial Ownership of Securities. The Company hereby acknowledges and agrees that the Purchaser is entering into an arrangement with NBC (and/or one of its Subsidiaries) regarding the joint voting and control by the Purchaser and NBC (and/or one or more of their respective Subsidiaries) of the Warrants, the Preferred Stock and the Common Stock issuable upon exercise or conversion thereof. Therefore, both the Purchaser and NBC (and/or one of its Subsidiaries) will be deemed to Beneficially Own such securities and the Company hereby acknowledges and agrees to such Beneficial Ownership arising from its issuance of such securities. In the event that NBC and the Purchaser are no longer Affiliates of each other, the Company and Purchaser agree that the Warrant shall immediately terminate and the Company shall issue a new warrant to NBC or its Subsidiary (the "Replacement Warrant") having the same terms as the Warrant, except that the provision described in this sentence will not be contained in the Replacement Warrant. NBC or one of its Subsidiaries will at all times own at least 50% of the economic interest in the Replacement Warrant. The Company hereby acknowledges and agrees that NBC shall be a third party beneficiary hereunder, entitled to the benefits of this Section 2.4 and to enforce its provisions.
Beneficial Ownership of Securities. Note: For clarification, a beneficial owner of a security is any person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares (i) voting power, including the power to vote, or to direct the voting of, such security; and/or, (ii) investment power which includes the power to dispose, or to direct the disposition of, such security. Include in your responses below, those Securities or Ordinary Shares issuable upon exercise of the Securities which you have the right to acquire beneficial ownership of within 60 days. Except as set forth below in this Item (3), the undersigned Selling Securityholder does not beneficially own any Securities or Ordinary Shares issuable upon exercise of the Securities.
Beneficial Ownership of Securities. Beneficial ownership of Securities deposited with the Depositary hereunder will, unless a Receipt representing such Securities is transferred in accordance with this Agreement, at all times remain with the Beneficial Owner unaffected by the deposit with the Depositary.
Beneficial Ownership of Securities. 196 CERTAIN RELATIONSHIPS AND RELATED PERSON TRANSACTIONS . . . . . . . . . . . 198 INFORMATION ABOUT XXXXXX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF XXXXXX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 EXECUTIVE COMPENSATION OF XXXXXX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 MANAGEMENT OF NEW XXXXXX FOLLOWING THE BUSINESS COMBINATION . . 234 SECURITIES ACT RESTRICTIONS ON RESALE OF ATLAS’ SECURITIES . . . . . . . . . . 242 APPRAISAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 ATLAS SPECIAL MEETING PROPOSALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 FUTURE STOCKHOLDER PROPOSALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 STOCKHOLDER COMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 LEGAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 EXPERTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 HOUSEHOLDING INFORMATION; DELIVERY OF DOCUMENTS TO Page
Beneficial Ownership of Securities. “Beneficial ownership” is determined according to rules of the SEC. Securities “beneficially owned” by the Selling Shareholder include not only securities held in his, her or its name, but also securities over which the Selling Shareholder, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares (i) voting power which includes the power to vote, or to direct the voting of, such security, and/or (ii) investment power which includes the power to dispose of, or to direct the disposition of, such security. This may include, but is not limited to, securities held for the Selling Shareholder by custodians, brokers, relatives, executors, administrators or trustees (including trusts in which the person has only a remainder interest) if by reason of contract, relationship, understanding or arrangement he, she or it obtains benefits substantially equivalent to those of ownership; securities held for the Selling Shareholder’s account by a partnership of which the Selling Shareholder is a partner; and securities owned by any corporation which the Selling Shareholder should regard as a personal holding corporation.
Beneficial Ownership of Securities. Except as set forth below in this Item (4), the undersigned is not a Beneficial Owner of any Securities or shares of Common Stock issued upon conversion of any Securities. (a) Principal amount of Registrable Securities (as defined in the Registration Rights Agreement) Beneficially Owned: CUSIP No(s). of such Registrable Securities: Number of shares of Common Stock (if any) issued upon conversion of such Registrable Securities: (b) Principal amount of Securities other than Registrable Securities Beneficially Owned: CUSIP No(s). of such other Securities:
Beneficial Ownership of Securities. Except as set forth below in this Item (2), the undersigned Selling Shareholder does not beneficially own any Common Shares or Common Shares issuable upon exercise or conversion of any Company securities.
