Pursuant to a Public Offering. The provisions of Section 10.2(a) constitute an individual agreement between the Company, on the one hand, and each applicable Member, on the other hand, and do not constitute an agreement among the Members. Accordingly, only the Company shall have the right to enforce Section 10.2(a) against any Member, and no Member shall have the right to enforce Section 10.2(a) against any other Member.
Pursuant to a Public Offering. Notwithstanding the forgoing, as to any Permitted Transfer by a Sponsor or an Affiliate of Sponsor and as to any Permitted Transfer by the Founder or any Affiliate of the Founder (or subsequent Permitted Transfer by a transferee of any of the forgoing), it is understood that such transfer shall only occur if at all times; even after such transfers, that the voting authority and power related to any such transferred Units shall remain with (i) in the case of the Sponsor (x) Xxxxxx Xxxxxx, or if he is unable to exercise voting authority as a result of death, incapacity or disability then (y) Xxxxxxx Xxxxxx and (ii) in the case of the Founder (x) Xx. Xxxxxx X. Hare, M.D., or if he is unable to exercise voting authority as a result of death, incapacity or disability then (y) to such individual designated in writing by the Founder with in (45) forty five days of the effective date of the Agreement; who must be reasonably acceptable to the Sponsor (acceptance cannot be unreasonably withheld or delayed), as updated from time to time, and recorded with the Company, subject to Sponsor approval.
Pursuant to a Public Offering. Pursuant to a merger of the Company; and
Pursuant to a Public Offering. Pursuant to the terms of the Jordan Pledge, including any transfer to the Senior Creditor and resale by the Senior Creditor of Stock upon the foreclosure of the Jordan Pledge.
