No Preference. No Shares shall entitle any Member to any preemptive, preferential or similar rights unless such preemptive, preferential or similar rights are set forth in the applicable Series Designation on or prior to the date of the Series Offering of any interests of such Series (the designation of such preemptive, preferential or similar rights with respect to a Series in the Series Designation, the Interest Designation).
No Preference. None of the shares of common stock are entitled to any preferences, and each share of common stock is equal to every other share of common stock in every respect.
No Preference. No Lender shall have, previous to this Agreement, entered into or shall, subsequent to this Agreement, enter into any arrangement with the Borrower or any other Person, without the prior written consent of the other Lenders, which would have the effect of giving such Lender preference or priority over any other Lender in respect of the indebtedness of the Borrower under this Agreement.
No Preference. OUC will perform its responsibilities associated with this Alliance Agreement without any preferential treatment to any member of the Alliance.
No Preference. Unless expressly agreed otherwise, it is acknowledged that there is no Pact of Preference in favor of SELLER, for which reason the provisions of article 1182 and related articles of the National Civil and Commercial Code do not apply to the contractual relationship derived from hiring and/or of the Purchase Order.
No Preference. If this option is selected, a FSBI stockholder is indicating that he or she has no preference as to the form of consideration to be received, and will accept cash, shares of PFS common stock or a combination of both as determined by PFS and its exchange agent, Registrar and Transfer Company, based on what is available after other FSBI stockholders have made their elections. If no option or more than one option is chosen on the “Election Form,” it will be treated as a “No Preference” election and the consideration will be provided under the terms of Option 4 above. PFS cannot ensure that all FSBI stockholders will receive their election choices. The merger agreement provides that 60% of the outstanding shares of FSBI common stock will be exchanged for shares of PFS common stock and that 40% of the outstanding shares of FSBI common stock will be exchanged for cash. After the election deadline, PFS and the Exchange Agent will calculate the exact amount of cash and/or shares of PFS common stock to be distributed to each FSBI stockholder based on all valid elections received and in accordance with the allocation and proration procedures set forth in the merger agreement. If FSBI stockholders owning more than 60% of the outstanding shares of FSBI common stock elect to receive shares of PFS common stock, the amount of PFS common stock that each such FSBI stockholder would receive from PFS will be reduced on a pro rata basis. As a result of that pro rata reduction, these FSBI stockholders will receive cash for any FSBI shares for which they do not receive PFS common stock. Similarly, if stockholders owning more than 40% of the outstanding shares of FSBI common stock elect to receive cash for such shares, the amount of cash that each such FSBI stockholder would receive from PFS will be reduced on a pro rata basis. As a result of that pro rata reduction, these FSBI stockholders will receive PFS common stock for any FSBI shares for which they do not receive cash. The allocations and prorations will be based on the provisions of the merger agreement that is attached as Appendix A to the Joint Proxy Statement/Prospectus dated May , 2004. For your information and for forwarding to those of your clients for whom you hold shares registered in your name or in the name of your nominee, we are enclosing the following documents:
No Preference. Impacted Pages of a Distributed Application will not, directly or indirectly, promote over the UPS Shipping Services any offer for the sale of shipping services by any third-party carrier.
No Preference. The following language is hereby added to the end of the sentence in Section 4(c)(ii): “(i.e., UPS will be presented on at least a neutral basis with respect to UPS Competitors)”.
No Preference. 86 Section 17.22 Submission of Information .................................. 86 Section 17.23 Sharing of Information Concerning this Agreement ........... 86 Section 17.24 No Association among Lenders ............................... 86 Section 17.25 Successor Administrative Agent ............................. 86 Section 17.26 Change of Address .......................................... 87 Section 17.27 [Intentionally Omitted] .................................... 87 Section 17.28 Amendment of this Article XVII ............................. 87
No Preference. No Member shall have priority over any other Member with respect to the return of a Capital Contribution or distributions or allocations of income, gain, losses, deductions, credits, or items thereof, unless otherwise set forth in this Agreement.
