Removal of Restrictive Legends. Notwithstanding Section 4.6 hereof, Shares may be issued or reissued, as applicable, without a restrictive legend as follows: (a) the Shares shall be issued at Closing, without any restrictive legend, based on the available tacking of the holding period under Section 5.1 of the Notes, in reliance on representations made by the Holder in Section 4 hereof; and (b) the Holder represents that with respect to Shares, if the Holder subsequently becomes an Affiliate of the Company, the Holder will submit any Shares then held by such Holder that are not at such time marked with a restrictive legend relating to transfers under the Securities Act, to the Company for legending.
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Samples: Exchange Agreement (Cinedigm Corp.), Exchange Agreement (Cinedigm Corp.)
Removal of Restrictive Legends. Notwithstanding Section 4.6 hereof, Shares may be issued or reissued, as applicable, without a restrictive legend as follows:
(a) the Shares shall be issued at Closing, without any restrictive legend, based on the available tacking of the holding period under Section 5.1 of the Notes, in reliance on representations made by the each Holder in Section 4 hereof; and
(b) the each Holder represents that with respect to SharesShares received by it, if the Holder subsequently becomes an Affiliate of the Company, the Holder will submit any Shares then held by such Holder that are not at such time marked with a restrictive legend relating to transfers under the Securities Act, to the Company for legending.
Appears in 1 contract
Samples: Exchange Agreement (Cinedigm Corp.)
Removal of Restrictive Legends. Notwithstanding Section 4.6 hereof, Shares may be issued or reissued, as applicable, without a restrictive legend as follows:
(a) the Shares shall be issued at Closing, Closing without any restrictive legend, based on the available tacking of the holding period under Section 5.1 6.1 of the aggregate principal amount of $6,000,000 of Notes, in reliance on representations made by the Holder in Section 4 hereof; and
(b) the Holder represents that with respect to Shares, if the Holder subsequently becomes an Affiliate of the Company, the Holder will submit any Shares then held by such the Holder that are not at such time marked with a restrictive legend relating to transfers under the Securities Act, to the Company for legending.
Appears in 1 contract
Samples: Exchange Agreement (Cinedigm Corp.)
Removal of Restrictive Legends. Notwithstanding Section 4.6 hereof, Shares Securities may be issued or reissued, as applicable, without a restrictive legend as follows:
(a) the Shares shall be issued at Closing, and the Additional Shares, if any, shall be issued in accordance with Section 5.5, without any restrictive legend, based on the available tacking of the holding period under Section 5.1 of the Notes, in reliance on representations made by the Holder Holders in Section 4 hereof; and
(b) the Holder represents Holders represent that with respect to SharesSecurities, if the a Holder subsequently becomes an Affiliate of the Company, the Holder will submit any Shares Securities then held by such Holder that are not at such time marked with a restrictive legend relating to transfers under the Securities Act, to the Company for legending.
Appears in 1 contract
Samples: Exchange Agreement (Cinedigm Corp.)
Removal of Restrictive Legends. Notwithstanding Section 4.6 hereof, Shares may be issued or reissued, as applicable, without a restrictive legend as follows:
(a) the Shares shall be issued at Closing, Closing without any restrictive legend, based on the available tacking of the holding period under Section 5.1 6.1 of the aggregate principal amount of $4,000,000 of Notes, in reliance on representations made by the Holder Holders in Section 4 hereof; and
(b) the Holder represents Holders represent that with respect to Shares, if the a Holder subsequently becomes an Affiliate of the Company, the Holder will submit any Shares then held by such Holder that are not at such time marked with a restrictive legend relating to transfers under the Securities Act, to the Company for legending.
Appears in 1 contract
Samples: Exchange Agreement (Cinedigm Corp.)