Purchase Restrictions. You agree to purchase shares solely through us and only for the purpose of covering purchase orders already received from customers or for your own bona fide investment. You agree not to purchase for any other securities dealer unless you have an agreement with such other dealer or broker to handle clearing arrangements and then only in the ordinary course of business for such purpose and only if such other dealer has executed a Dealer Sales Agreement with us. You also agree not to withhold any customer order so as to profit therefrom.
Purchase Restrictions. Prior to the Performance Measurement Date, the holder of this Warrant shall comply with the restrictions applicable to, and obligations of, ESAS set forth in Section 5.24 of the Services Agreement.
Purchase Restrictions. (a) Other than the purchase of the Shares and the Notes pursuant to the Securities Purchase Agreement, the Purchaser shall not, and shall cause its Affiliates or any Group including the Purchaser or any of its Affiliates not to acquire shares of Class A Common Stock or any other Voting Stock, which when combined with shares of Class A Common Stock and Notes then owned by the Purchaser and its Affiliates would result in the Purchaser Beneficially Owning more than 22% of the shares of the Common Stock then issued and outstanding (the "Standstill Cap"), except for any such purchases by the Purchaser approved by the Board of Directors or otherwise permitted hereunder; provided, however, that (i) if the Company or any Stockholder Transfers to any Person or Group shares of Class A Common Stock such that as a result of such Transfer, such Person or Group would Beneficially Own 22% or more of the shares of Common Stock then issued and outstanding and such Person or Group is subject to an agreement with the Company restricting or prohibiting the acquisition of Beneficial Ownership of additional shares of Class A Common Stock similar to the provisions of this Section 2.1 and with provisions similar to those contained in Section 2.3 hereof, the Standstill Cap will be increased to that maximum percentage of shares of Voting Stock the Beneficial Ownership of which such other Person or Group is permitted to acquire pursuant to such agreement to the extent it exceeds the Standstill Cap and the provisions of this Agreement will be deemed modified so they are no less favorable taken as a whole than those set forth in such agreement with such other Person or Group, or (ii) if the Company or any Stockholder Transfers to any Person or Group shares of Class A Common Stock such that as a result of such Transfer, such Person or Group would Beneficially Own 22% or more of the shares of the Common Stock then issued and outstanding and such Person or Group is not subject to an agreement with the Company restricting or prohibiting the acquisition of Beneficial Ownership of additional shares of Class A Common Stock similar to the provisions of this Section 2.1 and with provisions similar to those contained in Section 2.3 hereof, the Standstill Cap and this Agreement will be terminated automatically without the requirement that any Person takes any additional action.
Purchase Restrictions. The contribution limit for buying Swifts is limited to 30.0
Purchase Restrictions. Holder shall not, without the approval of the Company's Board of Directors, including a majority of the independent directors, acquire any additional beneficial ownership in the Company's Common Stock or any other equity security convertible into or exercisable for Common Stock; provided, however, that approval of the Company's Board of Directors shall not be required if acquisition does not cause Holder's total beneficial ownership in the Company's Common Stock to exceed the percentage of the Company's Common Stock held by Holder at the time of full conversion of the Note.
Purchase Restrictions. 44 SECTION 6.22
Purchase Restrictions. Contributors agree that they and their affiliates shall not directly or indirectly buy, accept, or otherwise acquire (or offer, contract for, or accept any options, warrants or other rights to buy, accept, or otherwise acquire) any Common Stock except that Contributors may buy, accept or acquire Common Stock or Units (i) if approved by a majority of the independent directors of the Company Board, (ii) as expressly permitted in this Agreement, (iii) as part of their remuneration as an employee, officer, consultant or director of the Company, OP or the Subsidiaries, or (iv) in the form of distributions from the Company, OP or the Subsidiaries as a result of their ownership of Units or Common Stock. For purposes of this section, the term "affiliates" shall mean persons controlling, controlled by or under common control with a Contributor.
Purchase Restrictions. (a) Other than pursuant to the transactions contemplated by this Agreement, the Purchaser shall not, and shall not cause or permit its affiliates or any Group (as defined below) including the Purchaser or any of its affiliates to, acquire shares of the Common Stock, which when combined with shares of the Common Stock then owned by the Purchaser and its subsidiaries would result in the Purchaser Beneficially Owning (as defined below) more than 5% of the shares of the Common Stock then issued and outstanding, except pursuant to a transaction or series of transactions at prices and on terms approved by the Board of Directors of the Company.
(b) Nothing in this Section 7.1 shall require the Purchaser or its subsidiaries to transfer any shares of Common Stock if the aggregate percentage ownership of the Purchaser and its subsidiaries is increased as a result of any action taken by the Company or its subsidiaries including, without limitation, by reason of any reclassification, recapitalization, stock split, reverse stock split, combination or exchange of shares, redemption, repurchase or cancellation of shares or any other similar transaction.
Purchase Restrictions. Xxxx agrees that from the date of this Agreement, it will not, nor will it permit any of its affiliates to, acquire or offer or propose to acquire any shares of Common Stock or any securities convertible into, exchangeable for or exercisable for Common Stock (all such securities, collectively referred to hereinafter as "Voting Securities") which, when taken together with any Voting Securities then owned by Xxxx and its affiliates (on an as-if-converted basis), would in the aggregate, exceed an amount equal to forty-nine percent (49%) of the Company's then outstanding Voting Securities, unless in any such case specifically approved in writing by the Board of Directors of the Company.
Purchase Restrictions. You agree to purchase Shares solely through us and only for the purpose of covering purchase orders already received from customers or for your own bona fide investment. You agree not to purchase for any other securities broker-dealer unless you have an agreement with such other broker-dealer (individually, “Introducing Broker” and collectively, “Introducing Brokers”) to handle clearing arrangements (and then only in the ordinary course of business for such purpose and only if such other broker-dealer has executed a Dealer Sales Agreement (the “Agreement”) with us. You also agree not to withhold any customer order so as to profit therefrom.
