Gxxxxx X. Xxxx to serve as the Chairman of the Board of Holdco as of the Initial Effective Time and (iii) Sxxxxxx X. Xxxxxx to serve as President and Chief Executive Officer as of the Initial Effective Time. From and after the Effective Time, each person so designated shall serve as a director or officer, as applicable, of Holdco until such person’s successor shall be elected and qualified or such person’s earlier death, resignation or removal in accordance with the certificate of incorporation and bylaws of Holdco.
Gxxxxx X. Xxxxxx shall be jointly and severally liable with the Assurances Company for any breach or default by the Assurances Company of any of its obligations set forth on this Schedule. * * * The following is a list of Exhibits to Schedule 7.13 that have been intentionally omitted. Sunrise Senior Living, Inc. agrees to furnish supplementally a copy of any omitted Exhibit upon request of the Securities and Exchange Commission. Exhibits Exhibit A Articles of Organization of Assurances Company L.L.C. Exhibit B Operating Agreement of Assurances Company L.L.C.
Gxxxxx X. Xxxxxxx is currently serving as the Chairman of the Board, Chief Executive Officer, President and Treasurer of ACE*COMM. Jxxxxx X. Xxxxxxxx is currently serving as the Chief Operating Officer of ACE*COMM. Sxxxxx X. Xxxxxx is currently serving as the Chief Financial Officer of ACE*COMM. To the knowledge of ACE*COMM, none of Messrs. Jimenez, Chisholm, or Dxxxxx is in violation of any material term of any employment contract, confidentiality, disclosure or proprietary information agreement or non-competition agreement to which he is a party. None of Messrs. Jxxxxxx, Cxxxxxxx or Dxxxxx has informed ACE*COMM that he intends to terminate or limit his employment with, or services to, ACE*COMM or any of its Subsidiaries.
Gxxxxx X. Xxxxx, Sxxxxx X. Xxxxx, O. Wxxxx Xxxxxxxx, Bxxxx Xxxxx, Cxxx X. Xxxxx, Jxxx X. Xxxxx or Jxxxxxxx X. Xxxxxxx acting as officers of the Company, CHS acknowledges that such individuals are acting strictly in their capacity as officers of the Company, and not as employees or agents of Capitaline Advisors, LLC, Global Ethanol, Inc., Fxxxx, Inc., US Bio Resource Group, LLC or any other entity.
Gxxxxx X. XXXXX, businessperson (the "Executive")
Gxxxxx X. Xxxxxxxxx Mxxxx X. Xxxxxxxxx STATE OF ) ) COUNTY OF ) On __________ ___, 2015, before me, ____________________________________________________________, personally appeared Gxxxxx X. Xxxxxxxxx, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above STATE OF ) ) COUNTY OF ) On __________ ___, 2015, before me, ____________________________________________________________, personally appeared Mxxxx X. Xxxxxxxxx, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above
Gxxxxx X. Bitter ------------------------------- /s/ Andrxx X. Xxxxx ----------------------------------- Executive
Gxxxxx X. Xxxxx ______________________________________ ) ) ______________________________________ ) Occupation Signed, sealed and delivered by
Gxxxxx X. XXXX, as Warrant Holder /s/ Gxxxxx X. Xxxx Gxxxxx X. Xxxx EXHIBIT A Series B Preferred Stockholders Camden Partners Strategic Fund III, L.P. 500 Xxxx Xxxxx Xxxxxx Suite 1200 Baltimore, MD 21202 Attn: Dxxxx X. Xxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Camden Partners Strategic Fund III-A, L.P. 500 Xxxx Xxxxx Xxxxxx Suite 1200 Baltimore, MD 21202 Attn: Dxxxx X. Xxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Series C Preferred Stockholders ATMF New Horizons, LLC 6000 Xxxxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Attention: Axxxxx X. Xxxxx Phone: 200-000-0000 Fax: 200-000-0000 NH Investment LLC 40000 Xxxxxxxx Xxxxxx, Suite 130 Bloomfield Hills, MI 48304 Attention: Rxxxxx X. Xxxxx Phone: 200-000-0000 Fax: 200-000-0000 Alkhaleej Training and Education Corp. P. O. Box 295300, Riyadh 11351 Kingdom of Saudi Arabia Attention: Alwaleed Aldryann Fax: 9000-0000000 Utopia Growth Fund 100 Xxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Jxx Xxxxxxxxx Phone: 200.000.0000 Fax: 200.000.0000 Utopia Core Fund 100 Xxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Jxx Xxxxxxxxx Phone: 200.000.0000 Fax: 200.000.0000 Utopia Core Conservative Fund 100 Xxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Jxx Xxxxxxxxx Phone: 200.000.0000 Fax: 200.000.0000 Utopia Yield Income Fund 100 Xxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Jxx Xxxxxxxxx Phone: 200.000.0000 Fax: 200.000.0000 EXHIBIT B Warrant Holders Camden Partners Strategic Fund III, L.P. 500 Xxxx Xxxxx Xxxxxx Suite 1200 Baltimore, MD 21202 Attn: Dxxxx X. Xxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Camden Partners Strategic Fund III-A, L.P. 500 Xxxx Xxxxx Xxxxxx Suite 1200 Baltimore, MD 21202 Attn: Dxxxx X. Xxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Alkhaleej Training and Education Corporation P.X. Xxx 000000 Xxxxxx 00000 Kingdom of Saudi Arabia Attn: Alwaleed Aldryann Fax: 9000-0000000 Gxxxxx X. Xxxx 900 X Xxxxxxxx Xxxxxxxxx, Xxxxxxxx 00000 Attn: Gxxxxx X. Xxxx Phone: (000) 000 0000 Fax: (000) 000 0000 ATMF New Horizons, LLC 6000 Xxxxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Attention: Axxxxx X. Xxxxx Phone: 200-000-0000 Fax: 200-000-0000 NH Investment LLC 40000 Xxxxxxxx Xxxxxx, Suite 130 Bloomfield Hills, MI 48304 Attention: Rxxxxx X. Xxxxx Phone: 200-000-0000 Fax: 200-000-0000 Utopia Growth Fund 100 Xxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Jxx Xxxxxxxxx Phone: 200.000.0000 Fax: 200.000.0000 Utopia Core Fund 100 Xxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Jxx Xxxxxxxxx Phone: 200.000.00...
Gxxxxx X. Xxxxx ● Sxxxxx X. Xxxxxxx ● Rxxxxx X. Xxxxxxx ● Mxxxxxx X. Xxxxxx ● Jxxx X. Xxxxxxxx ● Kxxxxxxx X. Xxxxx EXHIBIT A Form of Lock-Up Agreement ______________, 2019 A.G.P./Alliance Global Partner 500 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: The undersigned understands that you, as the representative (the “Representative”) of the several underwriters named therein, propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), relating to a proposed offering of securities of the Company (the “Offering”) including shares of the Common Stock, par value $0.001 per share (the “Common Stock”), Pre-Funded Warrants (as defined in the Underwriting Agreement) and Common Warrants (as defined in the Underwriting Agreement). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Underwriting Agreement. In consideration of the foregoing, and in order to induce you to participate in the Offering, and for other good and valuable consideration receipt of which is hereby acknowledged, the undersigned hereby agrees that, without the prior written consent of the Representative (which consent may be withheld in their sole discretion), the undersigned will not, during the period (the “Lock-Up Period”) beginning on the date hereof and ending on the date 90 days after the date of the final prospectus relating to the Offering (the “Final Prospectus”), (1) offer, pledge, announce the intention to sell, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, or otherwise transfer or dispose of, directly or indirectly, or file (or participate in the filing of) a registration statement with the Securities and Exchange Commission in respect of, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for shares of Common Stock (including without limitation, shares of Common Stock which may be deemed to be beneficially owned by the undersigned in accordance with the rules and regulations of the Securities and Exchange Commission and securities which may be issued upon exercise of a stock option or warrant), (2) enter into any swap or other agreement that transfers, in whole or in part, any of the economic consequences of ownership of the shares of, whether any such transaction described in cla...
