Removed and Reserved. Notwithstanding Sections 10(a), (b), (c) and (d), no adjustment in the Exercise Price pursuant to such paragraphs shall be required unless such adjustment would require an increase or decrease of at least 1% in such price; provided, however, that any adjustments which by reason of this Section 10(e) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 10 shall be made to the nearest cent or the nearest hundredth of a share, as the case may be.
Removed and Reserved. At the Initial Closing and at any Subsequent Closing, there shall be furnished to the Underwriter a certificate, dated the date of its delivery, signed by each of the Chief Executive Officer and the Chief Financial Officer of the Company, in form and substance satisfactory to the Underwriter to the effect that each signer has carefully examined the Offering Statement, and the Final Offering Circular, and that to each of such person's knowledge:
Removed and Reserved. Absence of Certain Changes or Events
Removed and Reserved. The obligation of the Buyer hereunder to purchase Additional Notes at any Additional Closing is subject to the satisfaction, at or before applicable Additional Closing Date of each of the following conditions, provided that these conditions are for the Buyer’s sole benefit and may be waived by the Buyer at any time in its sole discretion:
Removed and Reserved. In the event that the Partnership, directly or indirectly, opens to the public the Initial Restaurant (as defined in the Development Option Agreement) and two (2) or more Additional Restaurants (as defined in the Development Option Agreement), HPI shall have the right, but not the obligation, at any time and from time to time after the date upon which the second Additional Restaurant is opened to the general public, upon notice (the "Call Notice") in accordance with Section 17 hereof to RMRP, to acquire all or any part of RMRP's Partnership Interest at the purchase price set forth in Section 11(f)(iv) with the terms of purchase to be as otherwise specified in Section 11(d)(ii)(B) hereof. The Call Notice shall set forth (A) the amount of RMRP's Partnership Interest to be purchased by HPI pursuant to this Section 11(i) and (B) the date upon which the closing of such purchase shall take place. The closing of such purchase(s), if any, pursuant to this Section 11(i) shall occur on a date set forth by HPI which date shall be on or before the date which is ninety (90) days after the determination of a final purchase price pursuant to Section 11(f)(iv) whether by the agreement of HPI and RMRP or appraisal.
Removed and Reserved. The representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at such time (except for representations and warranties that speak as of a specific date) and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. The Buyer shall have received a certificate or certificates, executed by the chief executive officer of the Company, dated as of the Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by the Buyer including, but not limited to certificates with respect to the Board of Directors’ resolutions relating to the transactions contemplated hereby.
Removed and Reserved. Upon the execution of this Agreement, Toomy shall pay to Hops a fee in the amount of seven thousand five hundred dollars (U.S.$7,500) for the right to participate with HSF, through the Partnership (and potentially a Second-Tier Partnership), in the development and operation of the Initial Restaurant. Such fee, once paid, shall be non-refundable.
Removed and Reserved. Section 600.9 is removed and reserved.
Removed and Reserved. Item 5. Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities.
Removed and Reserved. Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-26 Accelerated Block C Aircraft SA-29
