Common use of Further Agreements of the Selling Stockholder Clause in Contracts

Further Agreements of the Selling Stockholder. The Selling Stockholder covenants and agrees with the Underwriter that: (a) It will deliver to the Underwriter prior to or at the Closing Date a properly completed and executed United States Treasury Department Form W-8BEN (or other applicable form or statement specified by the Treasury Department regulations in lieu thereof). (b) It will convert that number of Convertible Debentures necessary to deliver any Shares to the Underwriter; subject to the last two paragraphs of Section 1 hereof.

Further Agreements of the Selling Stockholder. The Selling Stockholder covenants and agrees with the Underwriter that: (a) It will deliver to the Underwriter prior to or at the Closing Date a properly completed and executed United States Treasury Department Form W-8BEN (or other applicable form or statement specified by the Treasury Department regulations in lieu thereof). (b) It will convert cause its affiliates to exercise that number of Convertible Debentures and deliver Common Stock to the Selling Stockholder to the extent necessary to deliver any Underwritten Shares or Option Shares to the Underwriter; subject to the last two paragraphs of Section 1 hereof.

Further Agreements of the Selling Stockholder. The Selling Stockholder covenants and agrees with the Underwriter that: (a) It will deliver to the Underwriter prior to or at the Closing Date a properly completed and executed United States Treasury Department Form W-8BEN (or other applicable form or statement specified by the Treasury Department regulations in lieu thereof)) in order to facilitate the Underwriters’ documentation of their compliance with the reporting and withholding provisions of the Tax Equity and Fiscal Responsibility Act of 1982 with respect to the transactions herein contemplated. (b) It will convert that number of Convertible Debentures necessary to deliver any Shares to the Underwriter; subject to the last two paragraphs of Section 1 hereof[Reserved.]

Further Agreements of the Selling Stockholder. The Selling Stockholder covenants and agrees with the each Underwriter that: (a) It that it will deliver or has delivered to the Underwriter Representative prior to or at the Closing Date a properly completed and executed United States Treasury Department Form W-8BEN W-8 (or other applicable form or statement specified by the Treasury Department regulations in lieu thereof). (b) It will convert that number in order to facilitate the Underwriters’ documentation of Convertible Debentures necessary to deliver any Shares their compliance with the reporting and withholding provisions of the Tax Equity and Fiscal Responsibility Act of 1982 with respect to the Underwriter; subject to the last two paragraphs of Section 1 hereoftransactions herein contemplated.