Common use of Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment Clause in Contracts

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues Stock Purchase Contracts having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the Declaration.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 17,501 Stock Purchase Contracts having the terms and conditions set forth herein to the Issuer Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Issuer Trust or (ii) any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Issuer Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Issuer Trust or any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 6.1(c) of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 5,001 Stock Purchase Contracts having the terms and conditions set forth herein to the Issuer Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Issuer Trust or (ii) any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Issuer Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Issuer Trust or any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 6.1(c) of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 12.510 Stock Purchase Contracts having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 8,501 Stock Purchase Contracts and may issue up to 4,500 Stock Purchase Contracts in the future having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the Declaration.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 7,001 Stock Purchase Contracts and may issue up to 5,000 Stock Purchase Contracts in the future having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the Declaration.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 17,500.1 Stock Purchase Contracts having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this the Original Stock Purchase Contract Agreement, the Company hereby issues issued 12,510 Stock Purchase Contracts having the terms and conditions set forth herein therein to the Trust (acting through the Property Trustee), which by its execution and delivery of this the Original Stock Purchase Contract Agreement is entering the Company entered into and agreeing agreed to be bound by the Stock Purchase Contracts. No certificates will be were issued to evidence the Stock Purchase Contracts. The Company and the Trust hereby agree that the Stock Purchase Contracts shall be, and by the execution of this Agreement, without the necessity of any further action by any other Person, are amended as of the date hereof consistent with the terms and conditions applicable thereto as set forth in this Agreement. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or Trust, (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement or (iii) a distribution of Subject Stock Purchase Contracts pursuant to Section 2.8, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, Trust Agreement shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 5,010 Stock Purchase Contracts having the terms and conditions set forth herein to the Issuer Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Issuer Trust or (ii) any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationDeclaration of Trust, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Issuer Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Issuer Trust or any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationDeclaration of Trust, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationDeclaration of Trust.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 25,010 Stock Purchase Contracts having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this the Original Stock Purchase Contract Agreement, the Company hereby issues issued 5,010 Stock Purchase Contracts having the terms and conditions set forth herein therein to the Issuer Trust (acting through the Property Trustee), which by its execution and delivery of this such Original Stock Purchase Contract Agreement is entering entered into and agreeing agreed to be bound by the Stock Purchase Contracts. No certificates will be were issued to evidence the Stock Purchase Contracts. The Company and the Issuer Trust hereby agree that the Stock Purchase Contracts shall be amended as of the date hereof consistent with the terms and conditions applicable thereto as set forth in this Agreement. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or Issuer Trust, (ii) any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationDeclaration of Trust or (iii) a distribution of the Subject Stock Purchase Contracts pursuant to Section 2.8, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Issuer Trust of its rights hereunder, other than (i) an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Issuer Trust or any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationDeclaration of Trust or (ii) a distribution of the Subject Stock Purchase Contracts pursuant to Section 2.8, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationDeclaration of Trust.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 25,001 Stock Purchase Contracts having the terms and conditions set forth herein to the Issuer Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Issuer Trust or (ii) any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Issuer Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Issuer Trust or any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void.. STOCK PURCHASE CONTRACT AGREEMENT (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 6.1(c) of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this the Original Stock Purchase Contract Agreement, the Company hereby issues issued 12,510 Stock Purchase Contracts having the terms and conditions set forth herein therein to the Trust (acting through the Property Trustee), which by its execution and delivery of this the Original Stock Purchase Contract Agreement is entering the Company entered into and agreeing agreed to be bound by the Stock Purchase Contracts. No certificates will be were issued to evidence the Stock Purchase Contracts. The Company and the Trust hereby agree that the Stock Purchase Contracts shall be, and by the execution of this Agreement, without the necessity of any further action by any other Person, are amended as of the date hereof consistent with the terms and conditions applicable thereto as set forth in this Agreement. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or Trust, (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement or (iii) a distribution of Subject Stock Purchase Contracts pursuant to Section 2.8, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, Amended and Restated Stock Purchase Contract Agreement amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the Declaration, Trust Agreement shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 5000.1 Stock Purchase Contracts having the terms and conditions set forth herein to the Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Trust or (ii) any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Trust or any conveyance, transfer or lease by the Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 of the DeclarationTrust Agreement.

Issuance of Stock Purchase Contracts; Transferability; Assignment; Amendment. (a) Contemporaneously with the execution and delivery of this Agreement, the Company hereby issues 5,001 Stock Purchase Contracts having the terms and conditions set forth herein to the Issuer Trust (acting through the Property Trustee), which by its execution and delivery of this Agreement is entering into and agreeing to be bound by the Stock Purchase Contracts. No certificates will be issued to evidence the Stock Purchase Contracts. On each date that the Issuer Trust issues additional Normal APEX pursuant to the Underwriting Agreement, the Company shall issue additional Stock Purchase Contracts having an aggregate stated amount equal to the liquidation amount of such additional Normal APEX to the Issuer Trust. At no time will the number of Stock Purchase Contracts exceed 5,751. (b) To the fullest extent permitted by law, other than a transfer in connection with (i) a merger, consolidation, amalgamation or replacement of the Issuer Trust or (ii) any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, any attempted transfer of the Stock Purchase Contracts shall be void. (c) To the fullest extent permitted by law, any assignment by the Issuer Trust of its rights hereunder, other than an assignment of this Agreement in connection with a merger, consolidation, amalgamation or replacement of the Issuer Trust or any conveyance, transfer or lease by the Issuer Trust of its properties and assets substantially as an entirety to, and the assumption by, a successor entity pursuant to Section 9.5 of the DeclarationTrust Agreement, shall be void. (d) No amendment, modification or waiver of any provision of this Agreement shall be effective against either party hereto unless it is duly authorized by resolution of the Board of Directors of the Company and permitted under Section 6.1 6.1(c) of the DeclarationTrust Agreement.