No Beneficial Ownership. Executive shall not beneficially own directly or indirectly any beneficial interest in any entity engaged in any Competitive Activity other than the Company, except for any interest in a company traded on a nationally recognized public securities exchange (including The Nasdaq National Market), provided such interest does not exceed 5% of the outstanding capital stock of such company.
No Beneficial Ownership. Parent hereby represents and warrants to the Shareholder that nothing contained in this Agreement has caused or shall cause Parent to acquire Beneficial Ownership of the Covered Shares.
No Beneficial Ownership. The Participant shall not have any beneficial ownership in the notional membership units underlying the Notional Units and the grant of Notional Units shall represent an unsecured promise to deliver membership units of TJ Chemical (either directly or through membership units of KRATON Management LLC (“Management LLC”)) on a future date.
No Beneficial Ownership. Neither Purchaser beneficially owns (as such term is defined in Rule 13d-3 under the Exchange Act) any Common Stock or is the record owner of any Common Stock.
No Beneficial Ownership. The Grantee shall not have any beneficial ownership in the shares of Common Stock underlying the Restricted Stock Units, until the shares of Common Stock are delivered as provided in Section 6, at which time the Grantee shall have all the rights and privileges of a stockholder, subject to the Management Stockholders’ Agreement. Until then, the grant of Restricted Stock Units shall represent an unsecured promise to deliver shares of Common Stock on a future date.
No Beneficial Ownership. Sequential hereby represents and warrants to the Stockholders that nothing contained in this Agreement has caused or shall cause Sequential to acquire Beneficial Ownership of the Covered Shares.
No Beneficial Ownership. Except as expressly permitted by this ----------------------- Section 3,Xx. Xxxxxxxx, personally or through any Xxxxxxxx Affiliate, shall not hold directly or indirectly any beneficial interest in any entity engaged in any Hotel Development Activity within the radius restriction set out in Section 3(a), except for any interest in a company traded on a nationally recognized public securities exchange (including The Nasdaq National Market), provided such interest does not exceed five percent (5%).
No Beneficial Ownership. The Grantee shall not have any beneficial ownership in the Membership Units underlying the Restricted Equity Units until the Membership Units are delivered as provided in Section 6, at which time the Grantee shall have all the rights and privileges of a holder of Membership Units, subject to the Management Unit Holders’ Agreement and the limited liability company agreement governing ASC. Until then, the grant of Restricted Equity Units shall represent an unsecured promise to deliver Membership Units on a future date.
No Beneficial Ownership. Acquirer is not the beneficial owner, directly or indirectly, of more than 10% of ICNB’s common stock and Acquirer has not and is not an Affiliate of any person or entity which has at any time within the preceding two (2) year period been the beneficial owner, directly or indirectly, of 10% or more of ICNB’s common stock.
No Beneficial Ownership. Notwithstanding any provision of the Rights Agreement to the contrary (including, without limitation, any provision of Section 1(d) or Section 29 of the Rights Agreement), at no time prior to the Effective Time shall any Person (or any Affiliate or Associate of such Person) that Beneficially Owns any securities of Parent or Merger Sub, or any Person who enters into a voting agreement with such Person in connection with the Merger Agreement, be deemed, as a result of the Merger Agreement or by virtue of any of the transactions, agreements, arrangements, actions, understandings or relationships contemplated thereby, to Beneficially Own (or to be the Beneficial Owner or to have Beneficial Ownership of) any securities (including, without limitation, Common Shares, Exchangeable Shares or Common Voting Equivalents) of the Company, whether (i) as a result of the potential interest in the Company represented thereby, (ii) as a result of any such Person (or any Affiliate or Associate of such Person) being construed as having any agreement, arrangement, understanding or proposal with any other Person (or any Affiliate or Associate of such other Person) with respect to any securities of the Company, or (iii) otherwise. For the avoidance of doubt, the Merger Agreement, as well as the transactions, agreements, arrangements, actions, understandings or relationships contemplated thereby, are to be disregarded in all matters involving (x) the determination of whether any Person (or any Affiliate or Associate of such Person) is an Acquiring Person or is deemed to Beneficially Own (or to be the Beneficial Owner or to have Beneficial Ownership of) any securities (including, without limitation, Common Shares, Exchangeable Shares or Common Voting Equivalents) of the Company and (y) whether a Triggering Event has taken place.
