Holder Not a Stockholder. The Holder shall not have, solely on account of such status as a holder of this Note, any rights of a stockholder of the Company, either at law or in equity, or any right to any notice of meetings of stockholders or of any other proceedings of the Company until such time as this Note has been paid in shares of Common Stock pursuant to Section l(a), at which time the Holder shall be deemed to be the holder of record of Common Stock that has been issued, as applicable, notwithstanding that the transfer books of the Company shall then be closed or certificates representing such shares of Common Stock shall not then have been actually delivered to the Holder.
Appears in 3 contracts
Samples: Exchange Agreement, Exchange Agreement (NewLead Holdings Ltd.), Exchange Agreement (NewLead Holdings Ltd.)
Holder Not a Stockholder. The Holder shall not have, solely on account of such status as a holder Holder of this Note, any rights of a stockholder of the Company, either at law or in equity, or any right to any notice of meetings of stockholders stock Holders or of any other proceedings of the Company until such time as this Note has been paid in shares of Common Stock pursuant to Section l(a1(a), at which time the Holder shall be deemed to be the holder of record of Common Stock that has been issued, as applicable, notwithstanding that the transfer books of the Company shall then be closed or certificates representing such shares of Common Stock shall not then have been actually delivered to the Holder.
Appears in 2 contracts
Samples: Exchange Agreement (NewLead Holdings Ltd.), Unsecured Convertible Note (NewLead Holdings Ltd.)
Holder Not a Stockholder. The Holder shall not have, solely on account of such status as a holder of this Note, any rights of a stockholder of the Company, either at law or in equity, or any right to any notice of meetings of stockholders or of any other proceedings of the Company until such time as this Note has been paid in shares of Common Stock pursuant to Section l(a1 (a), at which time the Holder shall be deemed to be the holder of record of Common Stock that has been issued, as applicable, notwithstanding that the transfer books of the Company shall then be closed or certificates representing such shares of Common Stock shall not then have been actually delivered to the Holder.
Appears in 1 contract
Samples: Convertible Promissory Note (NewLead Holdings Ltd.)
Holder Not a Stockholder. The Holder shall not have, solely on account of such status as a holder Holder of this Note, any rights of a stockholder of the Company, either at law or in equity, or any right to any notice of meetings of stockholders stock Holders or of any other proceedings of the Company until such time as this Note has been paid in shares of Common Stock pursuant to Section l(a), at which time the Holder shall be deemed to be the holder of record of Common Stock that has been issued, as applicable, notwithstanding that the transfer books of the Company shall then be closed or certificates representing such shares of Common Stock shall not then have been actually delivered to the Holder.
Appears in 1 contract
Holder Not a Stockholder. The Holder shall not have, solely on account of such status as a holder Holder of this Note, any rights of a stockholder of the Company, either at law or in equity, or any right to any notice of meetings of stockholders stock Holders or of any other proceedings of the Company until such time as this Note has been paid in shares of Common Stock pursuant to Section l(aI(a), at which time the Holder shall be deemed to be the holder of record of Common Stock that has been issued, as applicable, notwithstanding that the transfer books of the Company shall then be closed or certificates representing such shares of Common Stock shall not then have been actually delivered to the Holder.
Appears in 1 contract
Holder Not a Stockholder. The Holder shall not have, solely on account of such status as a holder of this Note, any rights of a stockholder of the Company, either at law or in equity, or any right to any notice of meetings of stockholders or of any other proceedings of the Company until such time as this Note has been paid in shares of Common Stock pursuant to Section l(al (a), at which time the Holder shall be deemed to be the holder of record of Common Stock that has been issued, as applicable, notwithstanding that the transfer books of the Company shall then be closed or certificates representing such shares of Common Stock shall not then have been actually delivered to the Holder.
Appears in 1 contract