Common use of LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE Clause in Contracts

LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability of the Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s counsel to be necessary for the lawful issuance and sale of any Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority shall not have been obtained.

Appears in 4 contracts

Samples: Award Agreement (Pantry Inc), Award Agreement (Pantry Inc), Award Agreement (Pantry Inc)

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LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability Inability of the ------------------------------------------------- Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of any Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority shall not have been obtained.

Appears in 3 contracts

Samples: 2001 Stock Option Agreement (Advance Auto Parts Inc), Senior Executive Stock Option Agreement (Advance Auto Parts Inc), 2001 Stock Option Agreement (Advance Auto Parts Inc)

LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability of the Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s counsel to be necessary for the lawful issuance and sale of any Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority shall not have been obtained.

Appears in 3 contracts

Samples: Award Agreement (Pantry Inc), Award Agreement (Pantry Inc), Incentive Stock Option Agreement (Pantry Inc)

LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability Inability of ------------------------------------------------- the Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of any Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority shall not have been obtained.

Appears in 3 contracts

Samples: 1998 Stock Option Agreement (Laralev Inc), Senior Executive Stock Option Agreement (Laralev Inc), Form of Stock Option Agreement (Galyans Trading Co Inc)

LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability of the Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of any Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, this Agreement shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority shall not have been obtained.

Appears in 1 contract

Samples: Employment Agreement (Videolan Technologies Inc /De/)

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LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability Inability of the -------------------------------------------------- Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of any Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority shall not have been obtained.

Appears in 1 contract

Samples: 1999 Stock Option Agreement (Galyans Trading Co Inc)

LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The inability Inability of the Company to obtain, from any regulatory body having jurisdiction, authority reasonably deemed by the Company’s counsel to be necessary for the lawful issuance and sale of any Optioned Shares hereunder and under the Plan, including without limitation registration of the Shares on Form S-8 under the Securities Act of 1933, as amended, Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority shall not have been obtained.

Appears in 1 contract

Samples: Stock Option Agreement (Advance Auto Parts Inc)

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