Common use of Issuance and Transferability Clause in Contracts

Issuance and Transferability. Each certificate representing the shares of Restricted Stock awarded under the Plan shall be registered in the name of the Participant and, during the Restricted Period, shall be left in deposit with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the following: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy, Inc. 2007 Stock Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award dated October 1, 2009.” Until all restrictions lapse, the Restricted Shares shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, or (ii) subject to any encumbrance, pledge or charge of any nature. Notwithstanding the foregoing, in the case of Participant’s death or Disability, Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposes.

Issuance and Transferability. Each certificate The Restricted Shares may be evidenced in such a manner as the Plan Committee shall deem appropriate. Any certificates representing the shares of Restricted Stock awarded under the Plan Shares granted hereunder shall be registered issued in the name of the Participant and, during pursuant to the Restricted Period, terms of the Plan as of the Grant Date and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy2006 Comverge, Inc. 2007 Stock Long-Term Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award the Restricted Stock Grant Agreement dated October 1, 2009.” Until all restrictions lapse, the Restricted Shares Share certificates shall be left on deposit with the Company along with a stock power (substantially in the form attached thereto as Exhibit A) endorsed in blank and shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, . No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge torts of any natureParticipant. Any purported assignment, alienation, pledge, attachment, sale, transfer or other encumbrance of the Restricted Shares, prior to the lapse of restrictions that does not satisfy the requirements hereunder shall be void and unenforceable against the Company. Notwithstanding the foregoing, in the case of Participant’s death Disability or Disabilitydeath, Participant’s rights under this Agreement may be exercised by Participant’s guardian or legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesrepresentative.

Issuance and Transferability. Each certificate representing the shares of Restricted Stock awarded under the Plan shall be registered in the name of the Participant and, during the Restricted Period, shall be left in deposit with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the following: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy, Inc. 2007 2012 Stock Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award award dated October 1, 200920 .” Until all restrictions lapse, the Restricted Shares shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, or (ii) subject to any encumbrance, pledge or charge of any nature. Notwithstanding the foregoing, in the case of Participant’s death or Disability, Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposes.

Issuance and Transferability. Each certificate The Restricted Shares may be evidenced in such a manner as the Committee shall deem appropriate. Any certificates representing the shares of Restricted Stock awarded under the Plan Shares granted hereunder shall be registered issued in the name of the Participant and, during pursuant to the Restricted Period, terms of the Plan as of the Grant Date and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy2006 Energy XXI, Inc. 2007 Stock LLC Long-Term Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award the Restricted Stock Grant Agreement dated October 1, 2009___________.” Until all restrictions lapse, the Restricted Shares Share certificates shall be left on deposit with the Employer along with a stock power (substantially in the form attached thereto as Exhibit A) endorsed in blank and shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, . No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge torts of any natureParticipant. Any purported assignment, alienation, pledge, attachment, sale, transfer or other encumbrance of the Restricted Shares, prior to the lapse of restrictions that does not satisfy the requirements hereunder shall be void and unenforceable against the Employer. Notwithstanding the foregoing, in the case of Participant’s death Disability or Disabilitydeath, Participant’s rights under this Agreement may be exercised by Participant’s guardian or legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesrepresentative.

Issuance and Transferability. Each certificate The Restricted Shares may be evidenced in such a manner as the Committee shall deem appropriate. Any certificates representing the shares of Restricted Stock awarded under the Plan Shares granted hereunder shall be registered issued in the name of the Participant and, during pursuant to the Restricted Period, terms of the Plan as of the Grant Date and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy2005 Rowan Companies, Inc. 2007 Stock Long-Term Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award the Restricted Stock Grant Agreement dated October 1, 2009___________.” Until all restrictions lapse, the Restricted Shares Share certificates shall be left on deposit with the Company along with a stock power (substantially in the form attached thereto as Exhibit A) endorsed in blank and shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, . No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge torts of any natureParticipant. Any purported assignment, alienation, pledge, attachment, sale, transfer or other encumbrance of the Restricted Shares, prior to the lapse of restrictions that does not satisfy the requirements hereunder shall be void and unenforceable against the Company. Notwithstanding the foregoing, in the case of Participant’s death Disability or Disabilitydeath, Participant’s rights under this Agreement may be exercised by Participant’s guardian or legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesrepresentative.

Issuance and Transferability. Each certificate Subject to shareholder approval of the Plan, certificates representing the shares to be granted hereunder shall be issued to Participant pursuant to the terms of Restricted Stock awarded under the Plan as of the Grant Date and shall be registered in the name of the Participant and, during the Restricted Period, shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune EnergyFirst Avenue Networks, Inc. 2007 Stock Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award the Restricted Stock Agreement dated October 1, 2009___________.” Until all restrictions lapse, the Restricted Shares Stock shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or and shall not be transferable pursuant to a domestic relations order, order of the court in a divorce proceeding. No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge torts of any natureParticipant. Notwithstanding the foregoing, in the case of Participant’s death or Disability, Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the and Participant’s rights under this Agreement will pass or Restricted Stock may be transferred with Committee approval, and with such restrictions as the Committee may impose to any of (i) the spouse, children or grandchildren (“immediate family members”); (ii) a trust or trusts for the exclusive benefit of one or more immediate family members; (iii) a partnership or limited liability company whose only partners, shareholders or members are Participant’s immediate family members or (iv) an organization that has been determined by will or the laws of descent or distribution, shall be deemed Internal Revenue Service to be exempt under Section 501(c)(3) of the Code. Following any transfer of Restricted Stock by the Participant’s beneficiary , such Restricted Stock shall remain subject to the same risk of forfeiture and other terms as set forth in this Agreement. Any purported assignment, alienation, pledge, attachment, sale, transfer or beneficiaries other encumbrance of the rights Restricted Stock, prior to the lapse of restrictions, that does not satisfy the Participant requirements hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesunenforceable against the Company.

Issuance and Transferability. Each certificate The Restricted Shares may be evidenced in such a manner as the Committee shall deem appropriate. Any certificates representing the shares of Restricted Stock awarded under the Plan Shares granted hereunder shall be registered issued in the name of the Participant and, during as of the Restricted Period, Grant Date and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy2009 Rowan Companies, Inc. 2007 Stock Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award award dated October 1May 5, 2009.” Until all restrictions lapse, the Restricted Shares Share certificates shall be left on deposit with the Company along with a stock power (substantially in the form attached hereto as Exhibit A) endorsed in blank and shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, . No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge torts of any naturethe Participant. Any purported assignment, alienation, pledge, attachment, sale, transfer or other encumbrance of the Restricted Shares, prior to the lapse of restrictions, that does not satisfy the requirements hereunder shall be void and unenforceable against the Company. Notwithstanding the foregoing, in the case of the Participant’s death disability or Disabilitydeath, the Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, guardian or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposeslegal representative.

Issuance and Transferability. Each certificate The Restricted Shares may be evidenced in such a manner as the Committee shall deem appropriate. Any certificates representing the shares of Restricted Stock awarded under the Plan Shares granted hereunder shall be registered issued in the name of the Participant and, during pursuant to the Restricted Period, terms of the Plan as of the Grant Date and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy, Inc. 2007 Stock Western Refining Long-Term Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award the Restricted Stock Grant Agreement dated October 1, 2009.” Until all restrictions lapse, the Restricted Shares Share certificates shall be left on deposit with the Company along with a stock power (substantially in the form attached thereto as Exhibit A) endorsed in blank and shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, . No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities or charge torts of any natureParticipant. Any purported assignment, alienation, pledge, attachment, sale, transfer or other encumbrance of the Restricted Shares, prior to the lapse of restrictions, that does not satisfy the requirements hereunder shall be void and unenforceable against the Company. Notwithstanding the foregoing, in the case of Participant’s death Disability or Disabilitydeath, Participant’s rights under this Agreement may be exercised by Participant’s guardian or legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesrepresentative.

Issuance and Transferability. Each certificate representing the shares of The Restricted Stock awarded under the Plan granted hereunder shall be registered issued to the Employee as soon as reasonably practicable following the Date of Grant (which issuance may be in the name of the Participant and, during the Restricted Period, “book entry” or in electronic form) and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune EnergyXxxxxxx Real Estate Investment Trust, Inc. 2007 Stock 2016 Long-Term Incentive Plan (as amended and restated) a Restricted Stock Agreement issued thereunder, and may not be sold, pledged, transferred, assigned assigned, or otherwise encumbered in any manner except as is set forth in the terms of such Plan plan or Award dated October 1, 2009agreement.” Until all restrictions lapseUnless and until the Restricted Stock vests in accordance with Section 2, the shares of Restricted Shares shall Stock are not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, order of the court in a divorce proceeding. No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge of any nature. Notwithstanding the foregoing, in the case of Participant’s death or Disability, Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator torts of the Participant’s estateEmployee. Any attempt to assign, alienate, pledge, attach, sell, or otherwise transfer or encumber the person Restricted Stock or persons any rights relating to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries any of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer foregoing in violation of the Plan or this Agreement shall be void wholly ineffective and, if any such attempt is made, the Restricted Stock will be automatically forfeited by the Employee and ineffective for all purposesof the Employee’s rights to such shares shall immediately terminate without any payment or consideration. Promptly following vesting of any shares of Restricted Stock, the Company shall cause the legend set forth above to be removed from any shares so vested.

Issuance and Transferability. Each certificate representing the shares of The Restricted Stock awarded under the Plan granted hereunder shall be registered in the name of issued to the Participant and, during the Restricted Period, of even date herewith and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “The shares represented by this certificate have been issued pursuant to the terms of the Dune EnergyAshford Hospitality Trust, Inc. 2007 2011 Stock Incentive Plan (as amended and restated) the Restricted Stock Award Agreement dated _________, 2021, and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan plan or Award dated October 1, 2009grant.” Until all restrictions lapse, the Restricted Shares shall Such shares are not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, order of the court in a divorce proceeding. No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge torts of the Participant. Any attempt to assign, alienate, pledge, attach, sell or otherwise transfer or encumber the Restricted Stock or any nature. Notwithstanding rights relating to any of the foregoingforegoing shall be wholly ineffective and, in if any such attempt is made, the case of Participant’s death or Disability, Participant’s rights under this Agreement may Restricted Stock will be exercised automatically forfeited by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator and all of the Participant’s estaterights to such shares shall immediately terminate without any payment or consideration by the Company, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesAdvisor and/or their respective Affiliates.

Issuance and Transferability. Each certificate representing the shares of Restricted Stock awarded under the Plan shall be registered in the name of the Participant and, during the Restricted Period, shall be left in deposit with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing shares of Restricted Shares Stock shall bear a legend similar to the following: “The shares represented by this certificate have been issued pursuant to the terms of the Dune Energy, Inc. 2007 Stock Incentive Plan (as amended and restated) and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of such Plan or Award dated October 1date November 18, 20092010.” Until all restrictions lapse, the Restricted Shares Stock shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, or (ii) subject to any encumbrance, pledge or charge of any nature. Notwithstanding the foregoing, in the case of Participant’s death or Disability, Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator of the Participant’s estate, or the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries of the rights of the Participant hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposes.

Issuance and Transferability. Each certificate The Restricted Shares may be evidenced in such a manner as the Committee shall deem appropriate. Any certificates representing the shares of Restricted Stock awarded under the Plan Shares granted hereunder shall be registered issued in the name of the Participant and, during pursuant to the Restricted Period, terms of the Plan as of the Grant Date and shall be left in deposit marked with the Company and a stock power endorsed in blank until such time as the restrictions on transfer have lapsed. Any certificate or certificates representing Restricted Shares shall bear a legend similar to the followingfollowing legend: “"The shares represented by this certificate have been issued pursuant to the terms of the Dune EnergyPinnacle Gas Resources, Inc. 2007 Amended and Restated Stock Incentive Plan (as amended and restatedthe "Plan") and may not be sold, pledged, transferred, assigned or otherwise encumbered in any manner except as is set forth in the terms of the Plan and the Restricted Stock Grant Agreement, effective April 11, 2006, governing such Plan or Award dated October 1, 2009shares.” " Until all the restrictions on such Restricted Shares lapse, the certificate(s) evidencing such Restricted Shares shall be left on deposit with the Company, along with a stock power endorsed in blank, and shall not be (i) assignable, saleable, or otherwise transferable by the Participant except by will or by the laws of descent and distribution or pursuant to a domestic relations order, beneficiary designation. No right or (ii) benefit hereunder shall in any manner be liable for or subject to any encumbrancedebts, pledge contracts, liabilities, or charge of any nature. Notwithstanding the foregoing, in the case torts of Participant’s death . Any purported assignment, alienation, pledge, attachment, sale, transfer or Disability, Participant’s rights under this Agreement may be exercised by Participant’s legal guardian (if the Participant becomes Disabled) or Participant’s legal representative or beneficiary. The executor or administrator other encumbrance of the Participant’s estateRestricted Shares, or prior to the person or persons to whom the Participant’s rights under this Agreement will pass by will or the laws of descent or distribution, shall be deemed to be the Participant’s beneficiary or beneficiaries lapse of the rights of restrictions on such Restricted Shares, that does not satisfy the Participant requirements hereunder and shall be entitled to exercise such rights as are provided hereunder. Any attempted transfer in violation of the Plan or this Agreement shall be void and ineffective for all purposesunenforceable against the Company.