Participation in Sales Sample Clauses

Participation in Sales. If Dxxxx Xxxxx arranges to obtain any of the $16 million letter of credit or the $10 million letter of credit or the cash or cash equivalents in whole or in part by means of selling interests in the Companies, then Dxxxx Xxxxx shall provide notice thereof to Dallas Price, and Dallas Price shall provide Dxxxx Xxxxx with fifty percent (50%) of the amount of such interests, in kind, to be sold; provided, however, that Dallas Price obtains a secondary security interest in any such funds so as to be assured of recovery thereof upon their release by the AGC Lenders.
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Participation in Sales. (a) If, following the Selling Shareholder's compliance with the provisions of Section 3 hereof, there are any Offered Shares that remain to be sold to a Proposed Transferee, then, prior to and as a condition of such sale by the Selling Shareholder (the "`Section 4 Selling Shareholder") to the Proposed Transferee, each other Shareholder shall have the right to sell to the Proposed Transferee, at the same effective price per share on an as-converted basis into shares of Common Stock and on the same terms and conditions as involved in such sale by the Section 4 Selling Shareholder, a pro rata portion of the amount of Shares proposed to be sold to the Proposed Transferee by the Section 4 Selling Shareholder. The "pro rata portion" of Shares which each Shareholder shall be entitled to sell to the Proposed Transferee shall be that number of Shares as shall equal the number of Shares proposed to be sold to the Proposed Transferee by the Section 4 Selling Shareholder multiplied by a fraction, the numerator of which shall be the number of Shares then owned by such Shareholder wishing to participate in the sale, and the denominator of which shall be the aggregate number of Shares then owned by the Section 4 Selling Shareholder and all other Shareholders wishing to participate in any sale under this Section 4. (b) If the Section 4 Selling Shareholder wishes to make a sale to a Proposed Transferee which is subject to this Section 4, the Section 4 Selling Shareholder shall, after complying with the provisions of Section 3 hereof, give to each other Shareholder notice of such proposed sale. Such notice shall state that all Shares were not purchased pursuant to the Company Offer and the Shareholder Offer as set forth in Section 3 hereof. Such notice shall be given at least twenty (20) days prior to the date of the proposed sale to the Proposed Transferee. Each other Shareholder wishing to so participate in any sale under this Section 4 shall notify the Section 4 Selling Shareholder in writing of such intention within fifteen (15) days after such other Shareholder's receipt of the notice described in the preceding sentence. (c) The Section 4 Selling Shareholder and each Shareholder wishing to participate in such sale shall sell to the Proposed Transferee all, or at the option of the Proposed Transferee, any part of the Shares proposed to be sold by them at not less than the price and upon other terms and conditions, if any, not more favorable to the Proposed Transferee th...
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Participation in Sales. In the event that any person or group (as such term is defined in Section 13(d) of the Securities Exchange Act of 1934, as amended) desires to acquire all or substantially all of the capital stock of the Company, whether directly or indirectly, and (i) the Board approves such transaction and recommends it to the stockholders of the Company and (ii) a majority of the Stockholders approves such transaction, each Stockholder agrees to sell to such third party on the terms offered by such third party, a portion of the Shares owned by such Stockholder equal to the percentage of all the Shares to be acquired by such third party, and to execute all documents reasonably necessary to effectuate such sale.
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Participation in Sales 
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Related to Participation in Sales

  • Participation in Plans Notwithstanding any other provision of this Agreement, the Executive shall have the right to participate in any and all of the plans or programs made available by the Company (or it subsidiaries, divisions or affiliates) to, or for the benefit of, executives (including the annual stock option and restricted stock grant programs) or employees in general, on a basis consistent with other senior executives.

  • PARTICIPATION IN SIMILAR ACTIVITIES This agreement in no way restricts the U.S. Forest Service or from participating in similar activities with other public or private agencies, organizations, and individuals.

  • Program Participation By participating in the CRF Program, Grantee agrees to: a. Not increase any Eligible Household’s rent through January 2021; b. Waive all costs, fees and charges incurred by Eligible Households as a result of non- payment or partial payment of rent during the impacted months; c. Not consider non-payment or partial payment by Eligible Households during impacted months when considering renewal of an Eligible Household’s lease, or, share this information with other rental properties, credit bureaus and tenant screening companies; d. Not initiate new Eligible Household evictions for non-payment of rent and must suspend all pending evictions of Eligible Households for nonpayment of rent for the duration of the rental payment assistance; e. Not issue a notice to vacate to Eligible Households for nonpayment of rent until the end of the Eviction Relief Period; and f. Not require Eligible Households to vacate the unit until 30 days after such notice.

  • Company Participation Subject to Section B.5, the Company shall not be liable to indemnify the Indemnitee under this Agreement with regard to any judicial action if the Company was not given a reasonable and timely opportunity, at its expense, to participate in the defense, conduct and/or settlement of such action.

  • Participation in Public Offering No Person may participate in any Public Offering hereunder unless such Person (a) agrees to sell such Person’s securities on the basis provided in any underwriting arrangements approved by the Persons entitled hereunder to approve such arrangements and (b) completes and executes all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents reasonably required under the terms of such underwriting arrangements and the provisions of this Agreement in respect of registration rights.

  • Employee Participation The Employer will assist employees' participation in health promotion and health education programs. Health promotion and health education programs that have been endorsed by the Employer (Minnesota Management & Budget) will be considered to be non-assigned job-related training pursuant to Administrative Procedure 21. Approval for this training is at the discretion of the Appointing Authority and is contingent upon meeting staffing needs in the employee's absence and the availability of funds. Employees are eligible for release time, tuition reimbursement, or a pro rata combination of both. Employees may be reimbursed for up to one hundred (100) percent of tuition or registration costs upon successful completion of the program. Employees may be granted release time, including the travel time, in lieu of reimbursement.

  • No Participation in Management Except as expressly permitted hereunder, the Limited Partners shall not take part in the management of the Partnership’s business, transact any business in the Partnership’s name or have the power to sign documents for or otherwise bind the Partnership.

  • Joint Participation in Drafting Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.

  • Joint Participation The parties hereto participated jointly in the negotiation and preparation of this Release, and each party has had the opportunity to obtain the advice of legal counsel and to review and comment upon the Release. Accordingly, it is agreed that no rule of construction shall apply against any party or in favor of any party. This Release shall be construed as if the parties jointly prepared this Release, and any uncertainty or ambiguity shall not be interpreted against one party and in favor of the other.

  • Equity Participation This Warrant is issued in connection with the Loan Agreement. It is intended that this Warrant constitute an equity participation under and pursuant to T.C.A. '47-24-101, et seq. and that equity participation be permitted under saxx xxxxxxes and not constitute interest on the Note. If under any circumstances whatsoever, fulfillment of any obligation of this Warrant, the Loan Agreement, or any other agreement or document executed in connection with the Loan Agreement, shall violate the lawful limit of any applicable usury statute or any other applicable law with regard to obligations of like character and amount, then the obligation to be fulfilled shall be reduced to such lawful limit, such that in no event shall there occur, under this Warrant, the Loan Agreement, or any other document or instrument executed in connection with the Loan Agreement, any violation of such lawful limit, but such obligation shall be fulfilled to the lawful limit. If any sum is collected in excess of the lawful limit, such excess shall be applied to reduce the principal amount of the Note.

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