Pledge of Common Shares. The Company acknowledges and agrees that the Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Common Shares. The pledge of Common Shares shall not be deemed to be a transfer, sale or assignment of the Common Shares hereunder, and no Investor effecting a pledge of Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(h) of this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(h) of this Agreement in order to effect a sale, transfer or assignment of Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Common Shares may reasonably request in connection with a pledge of the Common Shares to such pledgee by an Investor provided that any and all costs to effect the pledge of the Common Shares are borne by pledgor and/or pledgee and not Company.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Orient Paper Inc.), Securities Purchase Agreement (Orient Paper Inc.)
Pledge of Common Shares. The Company acknowledges and agrees that the Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) a Holder in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Common Shares. The Such pledge of Common Shares shall not be deemed to be a transfer, sale or assignment of the Common Shares hereunder, and no Investor Holder effecting a pledge of Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(h3(f) of this Agreementhereof; provided that an Investor a Holder and its pledgee shall be required to comply with the provisions of Section 2(h3(f) of this Agreement hereof in order to effect a sale, transfer or assignment of Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Common Shares may reasonably request in connection with a pledge of the Common Shares to such pledgee by an Investor provided that any and all costs to effect the pledge of the Common Shares are borne by pledgor and/or pledgee and not Companya Holder.
Appears in 2 contracts
Samples: Securities Purchase, Loan and Security Agreement (Capstone Therapeutics Corp.), Securities Purchase, Loan and Security Agreement
Pledge of Common Shares. The Company acknowledges and agrees that the Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Common Shares. The pledge of Common Shares shall not be deemed to be a transfer, sale or assignment of the Common Shares hereunder, and no Investor effecting a pledge of Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(h2(f) of this Agreement; provided that an Investor and its pledgee shall be required to comply with the provisions of Section 2(h2(f) of this Agreement in order to effect a sale, transfer or assignment of Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Common Shares may reasonably request in connection with a pledge of the Common Shares to such pledgee by an Investor provided that any and all costs to effect the pledge of the Common Shares are borne by pledgor and/or pledgee and not CompanyInvestor.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Jinpan International LTD), Securities Purchase Agreement (Jinpan International LTD)
Pledge of Common Shares. The Company acknowledges and agrees that the Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) a Holder in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Common Shares. The Such pledge of Common Shares shall not be deemed to be a transfer, sale or assignment of the Common Shares hereunder, and no Investor Holder effecting a pledge of Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(h2(f) of this Agreementhereof; provided that an Investor a Holder and its pledgee shall be required to comply with the provisions of Section 2(h2(f) of this Agreement hereof in order to effect a sale, transfer or assignment of Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Common Shares may reasonably request in connection with a pledge of the Common Shares to such pledgee by an Investor provided that any and all costs to effect the pledge of the Common Shares are borne by pledgor and/or pledgee and not Companya Holder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Mechanical Technology Inc)
Pledge of Common Shares. The Notwithstanding anything to the contrary contained in Section 2(f), the Company acknowledges and agrees that the Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Common Shares. The pledge of Common Shares shall not be deemed to be a transfer, sale or assignment of the Common Shares hereunder, and no Investor Buyer effecting a pledge of Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(h2(f) of this Agreementhereof; provided that an Investor a Buyer and its pledgee shall be required to comply with the provisions of Section 2(h2(f) of this Agreement hereof in order to effect a sale, transfer or assignment of Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Common Shares may reasonably request in connection with a pledge of the Common Shares to such pledgee by an Investor provided that any and all costs to effect the pledge of the Common Shares are borne by pledgor and/or pledgee and not Companya Buyer.
Appears in 1 contract
Samples: Stock Purchase Agreement (Midwest Energy Emissions Corp.)
Pledge of Common Shares. The Company acknowledges and agrees that the Common Shares may be pledged by an Investor (as defined in the Registration Rights Agreement) a Buyer in connection with a bona fide margin agreement or other loan or financing arrangement that is secured by the Common Shares. The bona fide pledge of Common Shares shall not be deemed to be a transfer, sale or assignment of the Common Shares hereunder, and no Investor Buyer effecting a bona fide pledge of Common Shares shall be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Agreement or any other Transaction Document, including, without limitation, Section 2(h2(f) of this Agreementhereof; provided that an Investor a Buyer and its bona fide pledgee shall be required to comply with the provisions of Section 2(h2(f) of this Agreement hereof in order to effect a sale, transfer or assignment of Common Shares to such pledgee. The Company hereby agrees to execute and deliver such documentation as a pledgee of the Common Shares may reasonably request in connection with a bona fide pledge of the Common Shares to such pledgee by an Investor provided that any and all costs to effect the pledge of the Common Shares are borne by pledgor and/or pledgee and not Companya Buyer.
Appears in 1 contract
Samples: Securities Purchase Agreement (Altair Engineering Inc.)