Exceptions to Section 5. 2. Notwithstanding the terms of Section 5.2 above, Subtenant shall have no rights or obligations under the parts, Sections and Exhibits of the Master Lease described in EXHIBIT C.
Exceptions to Section 5. Notwithstanding any of the foregoing provisions contained in this Section 5, the following issuances and capital transactions by the Company shall not give rise to an adjustment in the Exercise Price of this Warrant or the number of Warrant Shares underlying this Warrant by reason of the provisions of Section 5 hereof or otherwise: (a) Common Stock in the transactions provided for in Article 2 of the Recap Agreement, (b) Common Stock in a Qualifying IPO, (c) Common Stock in connection with the cashless exercise of Warrants in a Qualifying IPO, (d) shares of Common Stock and options on Common Stock in exchange for Units coincident with a Qualifying IPO, and (e) any stock dividend declared coincident with a Qualifying IPO on Common Stock and Warrant Shares issued upon the deemed cashless exercise of this Warrant.
Exceptions to Section 5. 5(a). The allocation otherwise required pursuant to paragraph (a) above shall not apply to a Partner to the extent that: (i) such Partner's share of the net decrease in Minimum Gain is caused by a guaranty, refinancing or other change in the instrument evidencing a nonrecourse debt of the Partnership which causes such debt to become a partially or wholly recourse debt or a Partner nonrecourse debt (as defined below), and such Partner bears the economic risk of loss (within the meaning of Treasury Regulations Section 1.752-2) for such changed debt; (ii) such Partner's share of the net decrease in Minimum Gain results from the repayment of a nonrecourse liability of the Partnership, which repayment is made using funds contributed by such Partner to the capital of the Partnership; (c) the Internal Revenue Service ("IRS"), pursuant to Treasury Regulations Section 1.704-2(f)(4), waives the requirement of such allocation in response to a request for such waiver made by the Managing Partner on behalf of the Partnership (which request the Managing Partner may or may not make, in its sole discretion, if it determines that the Partnership would be eligible therefor); or (iv) additional exceptions to the requirement of such allocation are established by revenue rulings issued by the IRS pursuant to Treasury Regulations Section 1.704-2(f)(5) and those exceptions apply to such Partner.
Exceptions to Section 5. 1. In certain cases we may allow or request that additional or separate accounts are created on behalf of a natural person or legal entity based on (i) such person or entity providing sufficient evidence and other documents as requested by us, (ii) careful “consideration/assessment from our compliance and/or other relevant departments, and after (iii) obtaining specially granted approval of the responsible bodies within our organisation.
