Purchase and Sales. Other than as disclosed in the Pricing Disclosure Package and the Prospectuses, neither the Corporation nor the Subsidiaries has approved, has entered into any agreement in respect of, and has any knowledge of:
(a) the purchase of any material property or any interest therein or the sale, transfer or other disposition of any material property or any interest therein currently owned, directly or indirectly, by the Corporation whether by asset sale, transfer of shares, or otherwise;
(b) the change of control (by sale or transfer of shares or sale of all or substantially all of the assets of the Corporation) of the Corporation; or
(c) a proposed or planned disposition of shares by any shareholder who owns, directly or indirectly, 10% or more of the outstanding shares of the Corporation or the Material Entities;
Purchase and Sales. Other than as disclosed in the Offering Documents, neither the Corporation nor the Subsidiaries has approved, has entered into any agreement in respect of, and has any knowledge of:
(a) the purchase of any material property or any interest therein or the sale, transfer or other disposition of any material property or any interest therein currently owned, directly or indirectly, by the Corporation whether by asset sale, transfer of shares, or otherwise;
(b) the change of control (by sale or transfer of shares or sale of all or substantially all of the assets of the Corporation) of the Corporation; or
(c) a proposed or planned disposition of shares by any shareholder who owns, directly or indirectly, 10% or more of the outstanding shares of the Corporation or the Material Subsidiaries;
Purchase and Sales. Client from time to time may instruct Bank regarding the purchase or sale of securities in accordance with this paragraph 3.6:
(a) Bank shall effect purchases by charging the Account with the amount necessary to make the purchase and effecting payment to the seller or broker for the securities or other property purchased. Bank shall have no liability of any kind to any person, including Client, except in the case of negligent or intentional tortuous acts, or willful misconduct, if Bank effects payment on behalf of Client, and the settler or broker fails to deliver the securities or other property purchased. Bank shall exercise such ordinary care and diligence as would be employed by a reasonably prudent custodian and due diligence in examining and verifying the certificates or other indicia of ownership of the property purchased before accepting them.
(b) Bank shall effect sales by delivering certificates or other indicia of ownership of the Property, and, as instructed, shall receive cash for such sales. Bank shall have no liability of any kind to any person, including Client, if Bank exercises due diligence and delivers such certificates or indicia of ownership and the purchaser or broker fails to effect payment. If a purchase or sale is effected through a depository, Bank shall exercise such ordinary care and diligence as would be employed by a reasonably prudent custodian and due diligence in verifying proper consummation of the transaction by the depository.
(c) Client, is responsible for ensuring that Bank receives timely instructions and/or funds to enable Bank to effect settlement of any purchase or sale of securities. If Bank does not receive such timely instructions or funds, Bank shall have no liability of any kind to any person, including Client, for failing to effect settlement. However, Bank shall use reasonable efforts to effect settlement as soon as possible after receipt of appropriate instructions.
Purchase and Sales. Other than as disclosed in the Registration Statement and the Prospectus, neither the Company nor the Material Entities has approved, has entered into any agreement in respect of, or has any knowledge of: (i) the purchase of any material property or any interest therein or the sale, transfer or other disposition of any material property or any interest therein currently owned, directly or indirectly, by the Company whether by asset sale, transfer of shares, or otherwise; (ii) the change of control (by sale or transfer of shares or sale of all or substantially all of the assets of the Company or the Material Entities) of the Company or the Material Entities; or (iii) a material proposed or planned disposition of shares by any shareholder who owns, directly or indirectly, 10% or more of the outstanding shares of the Company or the Material Entities.
Purchase and Sales. I. All orders for the purchase of securities given for my Investing Account will be authorized by Me and executed by Apex in reliance on my promise that an actual purchase is intended.
II. All orders that I authorize will be processed with the understanding that I will pay for any purchase and deliver certificates to cover all sales on or before the settlement date.
III. Company reserves the right to require full payment in cleared funds prior to the acceptance of any order. I will have the required cash, available funds, or equity in my Investing Account prior to the execution and/or settlement of a purchase. I understand that Appendix II to this Public Brokerage Agreement provides further instructions on how to fund My Investing Account.
IV. In the event that I fail to provide sufficient funds, Company may, at its option and without notice to Me:
(1) charge a reasonable rate of interest;
(2) liquidate the Property subject of the buy order; or
(3) sell other Property owned by Me and held in any of My Investing Accounts.
V. Company may also charge any consequential loss to My Investing Account.
VI. For purposes of this Public Brokerage Agreement, “Property” means all monies, contracts, investments and options, whether for present or future delivery, and all related distributions, proceeds, products and accessions. This includes all such Property held, maintained or carried by Apex in any manner for Me.
Purchase and Sales. Purchases and sales of Fund Shares by the Custodian pursuant to this Agreement shall be made in accordance with applicable law, the Prospectus, the Fund prospectus and the Sponsor's Agreement with the Fund. Consistent with the foregoing, the Custodian shall enter a gross purchase and sale order for all Fund Shares and fractions which pursuant to the Plans it is required to purchase and sell on each business day prior to the close of trading on the New York Stock Exchange. If the number of Fund Shares to be bought and to be sold shall include a fractional share, the Custodian shall purchase or sell the additional fractional share.
Purchase and Sales. Whenever possible, please effect such Account trades as our Investment Manager or we direct from time to time. You may, but are not required to, advance funds for such purchases if there are insufficient funds in the Account. You will not effect any sales or exchanges unless the subject securities are in your custody and in good deliverable form. You may place Account trades with any broker or dealer, including any of your Affiliated or Subsidiary Companies, which brokers and dealers are entitled to receive compensation out of Account Assets for their services.
Purchase and Sales. Subject to the terms and conditions set forth in this Agreement, effective on the Effective Date, Seller hereby conveys, assigns, and transfers to Buyer, and Buyer hereby acquires from Seller, for the Purchase Price, free and clear of all Encumbrances, the Purchased Assets and shall assume, pay, discharge, and perform all Assumed Liabilities. For a period of three months following the Effective Date, Seller will cooperate with Buyer, as reasonably requested by Buyer and at Buyer’s expense, which expense shall be commercially reasonable and documented, in effecting the transfer of the Ex-US BEMA Marks to Buyer and enabling Buyer to file registrations, applications therefor, or equivalent formal legal recognition of, or rights with respect to, the Ex-US BEMA Marks in Buyer’s name in the Ex-US Territory, and Buyer shall own all right, title, and interest thereto in the Ex-US Territory.
Purchase and Sales. Other than as disclosed in the Offering Documents, neither the Company nor its subsidiaries has approved, has entered into any agreement in respect of, or has any knowledge of:
(a) the purchase of any material property or any interest therein or the sale, transfer or other disposition of any of the Material Properties or any interest therein currently owned, directly or indirectly, by the Company whether by asset sale, transfer of shares, or otherwise; or
(b) the change of control (by sale or transfer of shares or sale of all or substantially all of the assets of the Company) of the Company.
Purchase and Sales. Subject to the terms and conditions of this Agreement, Manufacturer shall manufacture and sell Product to Customer pursuant to purchase orders provided to Manufacturer by Customer; and Customer shall purchase such Product from Manufacturer.
