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. OUC will perform its responsibilities associated with this Alliance Agreement without any preferential treatment to any member of the Alliance.
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. 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. · The election period expires at 5:00 p.m., Eastern time, on , 2004. The companies anticipate the effective date of the merger to occur on or about June 30, 2004. Unless we have otherwise advised you, it is imperative that we receive your instructions prior to the expiration date. · If you miss our processing deadline, we may be unable to comply with your election preference. PFS and its exchange agent will determine whether cash, shares of PFS common stock or a combination of cash and shares of PFS will be distributed to you pursuant to the allocation and proration procedures described in the merger agreement. · 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...
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. Contractor shall give no preference or priority of treatment over Designated Haulers to any other persons bringing wastes to Xxxxx Island. Also, Contractor shall not give any preference or priority among Designated Haulers unless and until such preference or priority is requested by Contractor or City and approved in writing by the other party to this Agreement. Said approval shall not be unreasonably withheld.
No Preference. Each Obligor Party represents that the obligations incurred pursuant hereto are not given as a preference against any other creditors thereof, respectively. No Obligor Party has any intent to hinder, delay or defraud any present or future creditor, through such conveyance or otherwise.
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.
