Common use of Removal of Legends, Etc Clause in Contracts

Removal of Legends, Etc. Notwithstanding the foregoing provisions of Sections 2 through 9 hereof, the restrictions imposed by Sections 2 through 9 on the transferability of any Preferred Shares, Conversion Shares, Warrant Shares and Xxxxxx-Xxxxx Shares shall cease and terminate when (a) any such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares are sold or otherwise disposed of in accordance with the intended method of disposition by the seller or sellers thereof set forth in a registration statement or such other method contemplated by Section 3 hereof that does not require that the securities transferred bear the legend set forth in Section 2 hereof, or (b) the holder of such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares has met the requirements for transfer pursuant to subparagraph (k) of Rule 144 (as amended from time to time) promulgated by the Commission under the Securities Act. Whenever the restrictions imposed by Sections 2 through 9 hereof have terminated, a holder of a certificate for such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares as to which such restrictions have terminated shall be entitled to receive from the Company, without expense, a new certificate not bearing the restrictive legend set forth in Section 2 hereof and not containing any other reference to the restrictions imposed by this Agreement.

Removal of Legends, Etc. Notwithstanding the foregoing provisions of Sections 2 through 9 hereofthis Section 3, the restrictions imposed by Sections 2 through 9 on this Section 3 upon the transferability of any Preferred Shares, Conversion Shares, Warrant Shares and Xxxxxx-Xxxxx Shares Restricted Securities shall cease and terminate when (a) any such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities are sold or otherwise disposed of in accordance with the intended method of disposition by the seller or sellers thereof set forth in a registration statement or such other method contemplated by Section 3 3.3 hereof that does not require that the securities transferred bear the legend set forth in Section 2 3.2 hereof, including a Transfer pursuant to Rule 144 or a successor rule thereof (as amended from time to time), or (b) the holder of such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities has met the requirements for transfer of such Restricted Securities pursuant to subparagraph (k) of Rule 144 or a successor rule thereof (as amended from time to time) promulgated by the Commission under the Securities Act. Whenever the restrictions imposed by Sections 2 through 9 hereof this Section 3 have terminated, a holder of a certificate for such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities as to which such restrictions have terminated shall be entitled to receive from the CompanyCorporation, without expense, a new certificate not bearing the restrictive legend set forth in Section 2 3.2 hereof and not containing any other reference to the restrictions imposed by this AgreementSection 3.

Removal of Legends, Etc. Notwithstanding the foregoing provisions of Sections 2 through 9 hereofthis Section 4, the restrictions imposed by Sections 2 through 9 on this Section 4 upon the transferability of any Preferred Shares, Conversion Shares, Warrant Shares and Xxxxxx-Xxxxx Shares Restricted Securities shall cease and terminate when (a) any such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Restricted Shares are sold or otherwise disposed of in accordance with the intended method of disposition by the seller or sellers thereof set forth in a registration statement or such other method contemplated by Section 3 4.3 hereof that does not require that the securities transferred bear the legend set forth in Section 2 4.2 hereof, including a Transfer pursuant to Rule 144 or a successor rule thereof (as amended from time to time), or (b) the holder of such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities has met the requirements for transfer of such Restricted Securities pursuant to subparagraph (k) of Rule 144 or a successor rule thereof (as amended from time to time) promulgated by the Commission under the Securities Act. Whenever the restrictions imposed by Sections 2 through 9 hereof this Section 4 have terminated, a holder of a certificate for such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities as to which such restrictions have terminated shall be entitled to receive from the CompanyCorporation, without expense, a new certificate not bearing the restrictive legend set forth in Section 2 4.2 hereof and not containing any other reference to the restrictions imposed by this AgreementSection 4.

Removal of Legends, Etc. Notwithstanding the foregoing provisions of Sections 2 through 9 hereofthis Section 3, the restrictions imposed by Sections 2 through 9 on this Section 3 upon the transferability of any Preferred Shares, Conversion Shares, Warrant Shares and Xxxxxx-Xxxxx Shares Restricted Securities shall cease and terminate when (ai) any such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities are sold or otherwise disposed of in accordance with the intended method of disposition by the seller or sellers thereof set forth in a registration statement or such other method contemplated by Section 3 3(c) hereof that does not require that the securities transferred bear the legend set forth in Section 2 3(b) hereof, including a Transfer pursuant to Rule 144 or a successor rule thereof (as amended from time to time), or (bii) the holder of such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities has met the requirements for transfer of such Restricted Securities pursuant to subparagraph (kRule 144(b)(1) of Rule 144 or a successor rule thereof (as amended from time to time) promulgated by the Commission under the Securities Act. Whenever the restrictions imposed by Sections 2 through 9 hereof this Section 3 have terminated, a holder of a certificate for such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities as to which such restrictions have terminated shall be entitled to receive from the CompanyCorporation, without expense, a new certificate not bearing the restrictive legend set forth in Section 2 3(b) hereof and not containing any other reference to the restrictions imposed by this AgreementSection 3.

Removal of Legends, Etc. Notwithstanding the foregoing provisions of Sections 2 through 9 hereofthis Section 3, the restrictions imposed by Sections 2 through 9 on this Section 3 upon the transferability of any Preferred Shares, Conversion Shares, Warrant Shares and Xxxxxx-Xxxxx Shares Restricted Securities shall cease and terminate when (a) any such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities are sold or otherwise disposed of in accordance with the intended method of disposition by the seller or sellers thereof set forth in a registration statement or such other method contemplated by Section 3 3.3 hereof that does not require that the securities transferred bear the legend set forth in Section 2 3.2 hereof, including a Transfer pursuant to Rule 144 or a successor rule thereof (as amended from time to time), or (b) the holder of such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities has met the requirements for transfer of such Restricted Securities pursuant to subparagraph (k) of Rule 144 or a successor rule thereof (as amended from time to time) promulgated by the Commission under the Securities Act. Whenever the restrictions imposed by Sections 2 through 9 hereof this Section 3 have terminated, a holder of a certificate for such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities as to which such restrictions have terminated shall be entitled to receive from the CompanyCorporation, without expenseexpense and the Corporation shall use its reasonable best efforts to provide such holder with, a new certificate not bearing the restrictive legend set forth in Section 2 3.2 hereof and not containing any other reference to the restrictions imposed by this AgreementSection 3.

Removal of Legends, Etc. Notwithstanding the foregoing provisions of Sections 2 through 9 hereofthis Section 3, the restrictions imposed by Sections 2 through 9 on this Section 3 upon the transferability of any Preferred Shares, Conversion Shares, Warrant Shares and Xxxxxx-Xxxxx Shares Restricted Securities shall cease and terminate when (a) any such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities are sold or otherwise disposed of in accordance with the intended method of disposition by the seller or sellers thereof set forth in a registration statement or such other method contemplated by Section 3 3.3 hereof that does not require that the securities transferred bear the legend set forth in Section 2 3.2 hereof, including a Transfer pursuant to Rule 144 or a successor rule thereof (as amended from time to time), or (b) the holder of such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities has met the requirements for transfer of such Restricted Securities pursuant to subparagraph (k) of Rule 144 or a successor rule thereof (as amended from time to time) promulgated by the Commission under the Securities Act. Whenever the restrictions imposed by Sections 2 through 9 hereof this Section 3 have terminated, a holder of a certificate for such Preferred Shares, Xxxxxx-Xxxxx Shares, Conversion Shares or Warrant Shares Restricted Securities as to which such restrictions have terminated shall be entitled to receive from the CompanyCorporation, without expenseexpense and the Corporation shall use its reasonable best efforts to provide such holder with, a new certificate 24 26 not bearing the restrictive legend set forth in Section 2 3.2 hereof and not containing any other reference to the restrictions imposed by this AgreementSection 3.