Negotiability and Ownership. The Warrants issued hereunder shall not, for a period of [ ] following the Effective Date, be sold, transferred, assigned or hypothecated by the holders thereof except (a) to persons who are officers or partners of [ ] and members of the selling group and/or their officers and partners or (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act. For the period commencing [ ] after the Effective Date until the expiration of the Warrants, the Warrants issued hereunder shall not be sold, transferred, assigned or hypothecated by the holders thereof except (a) to [ ], and any of its affiliates, or any officers, directors, employees or representatives of the foregoing or (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act.
Negotiability and Ownership. Warrants issued hereunder shall be registered and transferable only by transfer on the books of the Company. Presentations may be made and notices and demands may be served at the office of the Company.
Negotiability and Ownership. The Warrants issued hereunder shall not, for a period of one year following the Effective Date, be sold, transferred, assigned or hypothecated by the holders thereof except (a) to persons who are directors, officers or affiliates of FBR who represent to the Company that they are “accredited investors” as that term is defined in Rule 501 under Regulation D of the Securities Act or (b) in the case of an individual, pursuant to such individual’s last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act and Rule 2710 of the National Association of Securities Dealers, Inc. Manual, or any successor rule. For the purposes of this Section 5.03, the terms “officers,” and “partners” shall refer to those persons who are officers or partners, as the case may be, of FBR or any of its affiliates, as the case maybe, or who become officers or partners of FBR or any of its affiliates at any time before the expiration of the Warrants regardless of whether such persons are officers or partners of FBR or any of its affiliates at the time they sell, transfer, assign or hypothecate a Warrant. Any attempt to sell, transfer, assign or hypothecate in contravention of this Section shall be null and void.
Negotiability and Ownership. The Warrants have been, and, if the Warrants are exercised, the Warrant Shares will be, acquired for the account of the holder for investment and not with a view to resale or further distribution thereof. This Warrant shall be transferable by the holder hereof only in compliance with applicable securities laws. Any attempted transfer in contravention of this Section shall be null and void. Any such transferee may be required to execute an investment letter containing representations and warranties as to his or her investment intent, financial sophistication and ability to bear the risk of any investment in the Warrants or the Warrant Shares and to satisfy the Company of the bona fide nature of such representations.
Negotiability and Ownership. The Warrants issued hereunder shall not, for a period of one year following the Effective Date, be sold, transferred, assigned or hypothecated by the holders thereof except (a) to persons who are officers of FBR or (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act. For the purposes of this Section 6.04, the term "officers" shall refer to those persons who are officers of FBR who become officers of FBR at any time before the expiration of the Warrants regardless of whether such persons are officers of FBR at the time they sell, transfer, assign or hypothecate a Warrant. Any attempt to sell, transfer, assign or hypothecate in contravention of this Section shall be null and void.
Negotiability and Ownership. The Warrants represented hereby --------------------------- shall not be transferable by the Holder or his permitted assigns during their term except (a) to persons who demonstrate to the reasonable satisfaction of the Company that they are "accredited investors" within the meaning of Regulation D promulgated under the Securities Act and who deliver to the Company warranties and representations substantially to the same effect as those set forth in Section 6.02 hereof or ------------ otherwise reasonably appropriate to demonstrate compliance with the Securities Act, (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution, or (c) to any underwriter in connection with an underwritten public offering in which such Warrants will be exercised by such underwriters prior to or concurrently with the sale of the Warrant Shares to the public and, in any of the foregoing cases, only in compliance with the Securities Act. Any attempted transfer in contravention of this Section 5.01 shall be null and void. Any such transferee may be required to ------------ execute an investment letter containing representation and warranties as to his or her investment intent, financial sophistication and ability to bear the risk of any investment in the Warrants or the Warrant Shares, and containing substantially similar warranties and representations to those contained in Section 6.02 hereof before any such transfer shall be given effect. Further, the ------------ Company may condition any such transfer on the execution by the transferee of a joinder agreement to the Company's Amended and Restated Registration Rights Agreement in the same form as was binding against the Holder who transferred such Warrants.
Negotiability and Ownership. Warrants issued hereunder shall be fully registered and shall be transferable only by transfer on the books of the Warrant Agent. Presentations may be made and notices and demands may be served at the principal corporate office of the Warrant Agent in New York, New York.
Negotiability and Ownership. Placement Agent Warrants issued hereunder shall be registered and transferable only by transfer on the books of the Company. Presentations may be made and notices and demands may be served at the office of the Company.
Negotiability and Ownership. For a period of one (1) year following the Effective Date, the Warrants issued hereunder shall not be sold, transferred, assigned or hypothecated by the holders thereof except (a) to persons who are officers or partners of Friedman, Billings, Xxxxxx & Co., Inc. and members of the selling group of the Initial Shares and/or their officers and partners or (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act. Any attempt to sell, transfer, assign or hypothecate in contravention of this Section shall be null and void.
Negotiability and Ownership. The Warrants issued hereunder shall not, for a period of one year following the Effective Date, be sold, transferred, assigned or hypothecated by the holders thereof except (a) to persons who are officers or partners of FBR and members of the selling group and/or their officers and partners or (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act. For the period commencing one year after the Effective Date until the expiration of the Warrants, the Warrants issued hereunder shall not be sold, transferred, assigned or hypothecated by the holders thereof except (a) to FBR, and any of its affiliates, or any officers, directors, employees or representatives of the foregoing or (b) in the case of an individual, pursuant to such individual's last will and testament or the laws of descent and distribution and, in any case, only in compliance with the Securities Act. For the purposes of this Section 5.03, the terms "officers," "directors," "employees" and "representatives" shall refer to those persons who are officers, directors, employees or representatives, as the case may be, of FBR or any of its affiliates, as the case maybe, or who become officers, directors or employees of FBR or any of its affiliates at any time before the expiration of the Warrants regardless of whether such persons are officers, directors, employees or representatives of FBR or any of its affiliates at the time they sell, transfer, assign or hypothecate a Warrant. Any attempt to sell, transfer, assign or hypothecate in contravention of this Section shall be null and void.
