Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 4.3 hereof, any record owner of Investor Common Stock may from time to time transfer or recertificate all or a part of such record owner's Investor Common Stock (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Investor Common Stock identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or a part of the Investor Common Stock registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Investor Common Stock herein contained.
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 5.2 hereof, any record owner of Securities may from time to time transfer all or part of such record owner's Securities (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Securities identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or part of the Securities registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or limited liability company or the nominee of a partnership or limited liability company, to a partner, member, retired partner or member, or estate of a partner, member or retired partner or member, of such partnership or limited liability company, so long as such transfer is in accordance with the transferee's interest in such partnership or limited liability company and is without consideration; provided, however, that (A) such record owner shall deliver a written notice to the Company describing in reasonable detail the manner of such transfer or sale prior to the consummation of such transfer or sale, (B) each such transferee shall remain subject to all restrictions on the transfer of Securities herein contained, and (C) if reasonably requested in writing by the Company within five days after receipt of such written notice, such record owner shall deliver to the Company such additional information requested by the Company or its counsel (in form and substance satisfactory to the Company and such counsel) that the proposed transfer is within the scope of this Section 5.5 or a written opinion of counsel for such record owner (provided that such counsel, and the form and substance of such opinion, are reasonably satisfactory to the Company) to the effect that such transfer or sale may be effected without the registration of such securities under the Securities Act.
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 2.02 hereof, any Holder may from time to time Transfer all or part of such Holder's Restricted Securities to (i) a nominee identified in writing to the Company as being the nominee of or for such Holder, and any nominee of or for a beneficial owner of Restricted Securities identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time Transfer all or part of the Restricted Securities registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such Holder, or (iii) if such Holder is a partnership, limited liability company ("LLC"), or the nominee of a partnership or an LLC, to a partner, retired partner, or estate of a partner or retired partner, of such partnership or a member, retired member, or estate of a member or retired member of such LLC, so long as such Transfer is in accordance with the transferee's interest in such partnership or LLC and is without consideration; provided, that each such transferee referred to in clauses (i), (ii) and (iii) above shall remain subject to all restrictions on the Transfer of the Restricted Securities herein contained and shall agree in writing to be bound by the other terms and conditions of this Agreement.
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 3(b) hereof, any record owner of this Warrant or Warrant Shares may from time to time transfer all or part of this Warrant or all or part of such record owner's Warrant Shares (i) to a nominee identified in writing to the Corporation as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of this Warrant or Warrant Shares identified in writing to the Corporation as being the nominee of or for such beneficial owner may from time to time transfer all of this Warrant or all or part of the Warrant Shares registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate of such record owner, or (iii) if such record owner is a partnership or limited liability company or the nominee of a partnership or limited liability company, to a partner or member, retired partner or member, or estate of a partner or member or retired partner or member, of such partnership or limited liability company, so long as such transfer is in accordance with the transferee's interest in such partnership and is without consideration; provided, however, that each such transferee represents and warrants to the Corporation that such Person is, at the time of transfer, an "accredited investor" as such term is defined in Rule 501 of Regulation D promulgated under the Securities Act, that each such transferee shall remain subject to all restrictions on the transfer herein contained.
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 7.2 hereof, any record owner of Subordinated Notes, Series A Stock or Common Stock purchased pursuant to this Agreement or the Other Agreements may from time to time transfer all or part of such record owner's Subordinated Notes, Series A Stock or Common Stock purchased pursuant to this Agreement or the Other Agreements (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of Subordinated Notes, Series A Stock or Common Stock purchased pursuant to this Agreement or the Other Agreements identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or part of the Subordinated Notes, Series A Stock or Common Stock purchased pursuant to this Agreement or the Other Agreements registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate or related entity of such record owner, or (iii)if such record owner is a partnership or the nominee of a partnership, to a partner, retired partner, or estate of a partner or retired partner, of such partnership, so long as such transfer is in accordance with the transferee's interest in such partnership and is without consideration; provided, however, that each such transferee shall remain subject to all restrictions on the transfer of Stock herein contained.
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of this Section 9, any Member may from time to time transfer all or part of the Shares (i) to a nominee identified in writing to the Company as being the nominee of such Member, and any nominee of or for a beneficial owner of Shares identified in writing to the Company as being the nominee 44 _____________________________________________________________________________
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of this Agreement, any record owner of Stock may from time to time transfer all or part of such record owner's Stock to a Permitted Transferee. Each such Permitted Transferee shall execute a counterpart of this Agreement prior to becoming the Stockholder of such Stock. Any such party executing this Agreement shall thereafter be a party to this Agreement as fully and to the same extent as if such party had been an original party hereto and shall thereafter be deemed to be a "STOCKHOLDER" for the purposes hereof; and provided, that the Stockholder transferring such Stock shall not be released from any obligation under this Agreement.
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of Section 10 hereof, any record owner of any Restricted Securities may from time to time transfer all or any part of such record owner's Restricted Securities (i) to a nominee identified in writing to the Company as being the nominee of or for such record owner, and any nominee of or for a beneficial owner of any Restricted Securities identified in writing to the Company as being the nominee of or for such beneficial owner may from time to time transfer all or part of any Restricted Securities registered in the name of such nominee but held as nominee on behalf of such beneficial owner, to such beneficial owner, (ii) to an Affiliate, (iii) with
Non-Applicability of Restrictions on Transfer. Notwithstanding the provisions of this Section 9, any Member may from time to time transfer all or part of the Shares (i) to a nominee identified in writing to the Company as being the nominee of such Member, and any nominee of or for a beneficial owner of Shares identified in writing to the Company as being the nominee of or for such Member may from time to time transfer all or part of the Shares registered in the name of such nominee but held as nominee on behalf of such Member to such Member, (ii) to another Member or (iii) to an Affiliate of such Member; provided, however, that each such transferee shall comply with Section 9.8. 9.7
Non-Applicability of Restrictions on Transfer. (a) Notwithstanding the provisions of Section 2.02 hereof, any Stockholder may from time to time Transfer all or any part of such Stockholder's Restricted Securities, without the Consent of any other Stockholder, as follows:
