Participant Acknowledgments. Participant further acknowledges and agrees that:
A. it is fully aware of the speculative nature and high risk associated with the Services referred to in this Agreement and of derivatives, futures, swaps, and options trading generally (including the risk that Participant or its Authorized Representatives may incur trading losses);
B. it is fully aware that if Participant transfers digital currency away from Company, that transfer is immediately irreversible once effectuated, that Participant is solely responsible for designating the correct destination and maintaining the ability to access and control the transferred digital currency, and that Company accepts no responsibility for Participant’s ability to access or control any digital currency transferred away from Company by Participant;
C. it is fully aware of, acknowledges, and agrees to Company’s Digital Currency Fork policy set forth in Rule 11.14 of the applicable Rulebook(s);
D. it will abide by and be subject to the applicable Rulebook(s), as now existing and as hereafter duly amended from time to time, including the obligation to submit to arbitration or the jurisdiction of the State or Federal courts located within the City of New York in accordance with Rules 10.1 - 10.5, 11.5 and 11.6 of the applicable Rulebook(s);
E. Participant agrees to be bound by, and comply with, this Agreement, and amendments to this Agreement, solely by Participant’s or its Authorized Representatives’ access or use of the Services;
F. notwithstanding the above, amendments to this Agreement are automatically effective unless, within ten days of the change, Participant: (1) ceases using the Services, (2) does not enter into any further trades of any kind on the Platform, and (3) gives notice to Company to arrange for the closing of its Accounts;
G. this Agreement is enforceable against Participant, and against each of its Authorized Representatives directly, through the dispute resolution procedures in this Agreement and the applicable Rulebook(s); H. its status as a Participant may be limited, conditioned, restricted or terminated by the Board or Company in accordance with the applicable Rulebook(s);
I. it will provide such other information as may be reasonably requested by Company from time to time as may be necessary or desirable to verify its qualifications as a Participant; J. it authorizes Company to verify, on an initial and a periodic basis, by investigation, the statements in the application materials provided ...
Participant Acknowledgments. The Participant acknowledges that he or she has read and understands the terms of this Agreement and the Plan, and that:
(a) The Units are mere bookkeeping entries and, as such, represent only the Company’s unfunded and unsecured promise to issue shares of Common Stock on a future date, therefore, as a holder of Units, Participant has no rights other than the rights of a general creditor of the Company;
(b) The Units carry neither voting rights nor rights to cash dividends, and Participant has no rights as a shareholder of the Company unless and until Participant’s Units are settled by issuing shares of Common Stock;
(c) No shares of Common Stock will be distributed to Participant unless Participant has made acceptable arrangements to pay any withholding taxes that may be due as a result of the settlement of the Units (with the Company’s consent, these arrangements may include (i) withholding shares of Common Stock that otherwise would be issued to Participant when the Units are settled or (ii) surrendering shares of Common Stock that Participant previously acquired, in each case, the fair market value of these shares, determined as of the date when taxes otherwise would have been withheld in cash, will be applied to the withholding taxes); and
(d) This Agreement does not constitute an employment agreement nor does it entitle the Participant to any specific employment or to employment for a period of time and that the Participant’s continued employment, if any, with the Company shall be at will and is subject to termination in accordance with the Company’s prevailing policies and any other agreement between the Participant and the Company.
Participant Acknowledgments. In connection with the grant of any RSU and/or the issuance of any Common Stock pursuant to this Agreement, the Participant acknowledges and agrees, that as a condition to any such grant or issuance:
(a) Neither the grant of any RSU, the issuance of any Common Stock nor any provision contained in this Agreement shall entitle the Participant to remain in the service of the Company or its Subsidiaries or affect the right of the Company to terminate any Participant’s service at any time for any reason.
(b) The Participant will have consulted, or will have had an opportunity to consult with, independent legal counsel regarding his or her rights and obligations under this Agreement evidencing any grant of RSUs and he or she fully understands the terms and conditions contained herein and therein.
(c) Prior to the issuance of any shares of Common Stock hereunder, the Participant will deliver to the Company an executed consent from the Participant’s spouse (if any) in the form of Exhibit A attached hereto. If, at any time subsequent to the date the Participant is issued any shares of Common Stock and prior to the occurrence of a Termination Event, the Participant becomes legally married (whether in the first instance or to a different spouse), the Participant shall cause his or her spouse to execute and deliver to the Company a consent in the form of Exhibit A attached hereto. The Participant’s failure to deliver the Company an executed consent in the form of Exhibit A at any time when the Participant would otherwise be required to deliver such consent shall constitute the Participant’s continuing representation and warranty that the Participant is not legally married as of such date. Prior to the issuance of any shares of Common Stock hereunder, Participant will deliver to the Company an executed joinder to the Stockholders Agreement.
Participant Acknowledgments. By executing this Award Agreement, the Participant acknowledges and agrees as follows:
(a) The Participant and his or her transferees have no rights as a shareholder with respect to any Shares covered by this Award Agreement until the date of the issuance of a stock certificate for such Shares.
(b) The Company is not providing the Participant with advice, warranties or representations regarding any of the legal or tax effects to the Participant with respect to this Award Agreement or the Fair Market Value of the Common Stock.
Participant Acknowledgments. By executing this Award Agreement, the Participant acknowledges and agrees as follows:
(a) The Company is not providing the Participant with advice, warranties or representations regarding any of the legal or tax effects to the Participant with respect to this Award Agreement.
(b) The Participant acknowledges that he or she is (1) familiar with the terms of the grant made to him or her under this Award Agreement and the Plan, (2) has been encouraged by the Company to discuss the grant and the Plan with his or her own legal and tax advisers, and (3) agrees to be bound by the terms of the grant (and the Plan provisions incorporated herein).
Participant Acknowledgments. 5.1 Participant acknowledges that AEMO operates the Reallocation Request Service and settles reallocation transactions under the Procedure pursuant to the CS Facility Exemption.
5.2 Participant acknowledges that the CS Facility Exemption requires AEMO to notify or report certain matters to the Australian Securities and Investments Commission (ASIC) and consents to AEMO giving ASIC information relating to Participant to the extent required by the CS Facility Exemption, including (without limitation) information about: the identity of Participant and the number and value of its reallocation transactions requested and performed; the issue of a default notice to Participant; or the drawdown of any credit support provided in respect of Participant.
Participant Acknowledgments. The Participant further acknowledges and agrees that:
Participant Acknowledgments. The Participant acknowledges that the provisions of this Section 6 are in consideration of the grant of this Option. The Participant also acknowledges that (i) the restrictions contained in Section 6 do not preclude the Participant from earning a livelihood, nor do they unreasonably impose limitations on the Participant’s ability to earn a living, (ii) the business of the Company and its Subsidiaries will be international in scope and without geographical limitation and (iii) notwithstanding the state of formation or principal office of the Company or residence of any of its executives or employees (including the Participant), it is expected that the Company and its Subsidiaries will have business activities and have valuable business relationships within its industry throughout the world. The Participant acknowledges and agrees that the potential harm to the Company and its Subsidiaries of the non-enforcement of Section 6 outweighs any potential harm to the Participant of its enforcement by injunction or otherwise. The Participant acknowledges that he has carefully read this Agreement and has given careful consideration to the restraints imposed upon the Participant by this Agreement and is in full accord as to their necessity for the reasonable and proper protection of confidential and proprietary information of the Company and its Subsidiaries now existing or to be developed in the future and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical area.
Participant Acknowledgments. Participant acknowledges by accepting this Agreement and the Award that Participant has reviewed this Agreement and the Plan and agrees to be bound by the terms and provisions hereof and thereof. Participant further acknowledges that Participant has been advised to consult with Participant’s own attorney, financial advisor and tax advisor concerning the legal, financial and tax matters associated with participating in this Agreement and the Plan.
Participant Acknowledgments. Participant acknowledges that there is substantial goodwill and significant value associated with the Boxabl name, and that it is in the interests of Participant that the image of Boxabl be seen to be unique, and remain unique, among building manufacturers. Participant acknowledges that the presentation of a consistent image by Boxabl and all of its licensees, including by utilization of consistent Specifications, branding, signage, color schemes, business practices and policies will enhance the goodwill and value associated with the Boxabl name, as well as assist Boxabl and Participant in the growth of their businesses. Participant understands and agrees that the provisions of Sections 4.3-5.4 below will materially assist it in attaining these goals.
