Broker-dealers and their affiliates. The Company may have to identify the Selling Securityholder as an underwriter in the Registration Statement or related prospectus if: • the Selling Securityholder is a broker-dealer and did not receive the Registrable Securities as compensation for underwriting activities or investment banking services or as investment securities; or • the Selling Securityholder is an affiliate of a broker-dealer and either (1) did not acquire the Registrable Securities in the ordinary course of business; or (2) at the time of its purchase of the Registrable Securities, had an agreement or understanding, directly or indirectly, with any person to distribute the Registrable Securities. Persons identified as underwriters in the Registration Statement or related prospectus may be subject to additional potential liabilities under the Securities Act and should consult their legal counsel before submitting this Notice and Questionnaire.
Broker-dealers and their affiliates. If the Selling Securityholder is a broker-dealer or an affiliate of a broker-dealer and did not acquire the Registrable Securities in the ordinary course of business or, at the time of the acquisition, had any agreements or understandings, directly or indirectly, to distribute the Registrable Securities, we may have to identify the Selling Securityholder as an underwriter in the Shelf Registration Statement or related prospectus. Persons identified as underwriters in the Shelf Registration Statement or related prospectus may be subject to additional potential liabilities under the Securities Act.
Broker-dealers and their affiliates. If the Selling Shareholder is a broker-dealer or an affiliate of a broker-dealer and did not purchase its Series B Preferred Stock in the ordinary course of business or, at the time of the purchase, had any agreements or understandings, directly or indirectly, to distribute the securities, we may have to identify the Selling Shareholder as an underwriter in the Shelf Registration Statement or related prospectus. Persons identified as underwriters in the Shelf Registration Statement or related prospectus may be subject to additional potential liabilities under the Securities Act.
Broker-dealers and their affiliates. (a) Is the Selling Shareholder a broker-dealer or an affiliate of a broker-dealer: Yes ____ No ____ If so, please answer the remaining question in this section.
