Common use of PERMITTED SALES OF NEWCO STOCK Clause in Contracts

PERMITTED SALES OF NEWCO STOCK. For so long as SCO owns (of record or beneficially) at least 5% of the outstanding Common Stock of Newco, SCO agrees that (i) it will only sell, transfer, assign, pledge, hypothecate or otherwise dispose of ("Transfer") any Newco securities, directly or indirectly, pursuant to the applicable restrictions, if any, of Rule 144 under the Securities Act of 1933, as amended (the "Securities Act") and (ii) that it will not Transfer, directly or indirectly, any Newco securities constituting 5% or more of the outstanding securities

Appears in 3 contracts

Samples: Form of Stockholder Agreement (Caldera Systems Inc), Stockholder Agreement (Santa Cruz Operation Inc), Stockholder Agreement (Santa Cruz Operation Inc)

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PERMITTED SALES OF NEWCO STOCK. For so long as SCO owns (of record or ------------------------------ beneficially) at least 5% of the outstanding Common Stock of Newco, SCO agrees that (i) it will only sell, transfer, assign, pledge, hypothecate or otherwise dispose of ("Transfer") any Newco securities, directly or indirectly, pursuant to the applicable restrictions, if any, of Rule 144 under the Securities Act of 1933, as amended (the "Securities Act") and (ii) that it will not Transfer, directly or indirectly, any Newco securities constituting 5% or more of the outstanding securitiessecurities of Newco, to any person or "group" in one or a series of transactions, without the prior written consent of Newco.

Appears in 1 contract

Samples: Stockholder Agreement (Tarantella Inc)

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