Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.
Appears in 193 contracts
Samples: Letter Agreement (Axon Enterprise, Inc.), Letter Agreement (Semtech Corp), Letter Agreement (Semtech Corp)
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws, except as described in Section 9(m) hereof.
Appears in 7 contracts
Samples: Letter Agreement (Red Hat Inc), Letter Agreement (Ezcorp Inc), Letter Agreement (Ezcorp Inc)
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s 's status as issuer of the Shares under applicable securities laws.
Appears in 5 contracts
Samples: Letter Agreement (Wright Medical Group Inc), Healthways, Inc, Healthways, Inc
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from CompanyCounterparty’s status as issuer of the Shares under applicable securities lawslaws as a result of the fact that Counterparty is the issuer of the Shares.
Appears in 5 contracts
Samples: Teradyne, Inc, Letter Agreement (DealerTrack Holdings, Inc.), Letter Agreement (DealerTrack Holdings, Inc.)
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that (i) any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities lawslaws and (ii) any Shares delivered to Dealer may be “restricted securities” (as defined in Rule 144 under the Securities Act of 1933, as amended (the “Securities Act”)).
Appears in 4 contracts
Samples: Amneal Pharmaceuticals, Inc., Atlas Holdings, Inc., Impax Laboratories Inc
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from CompanyIssuer’s status as issuer of the Shares under applicable securities laws.
Appears in 3 contracts
Samples: Letter Agreement (Wright Medical Group Inc), Letter Agreement (Wright Medical Group Inc), Wright Medical Group N.V.
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws, except as described in Section 9(n) hereof.
Appears in 3 contracts
Samples: Letter Agreement (Akamai Technologies Inc), Letter Agreement (Akamai Technologies Inc), Letter Agreement (Akamai Technologies Inc)
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.upon
Appears in 3 contracts
Samples: Warrant Amendment Agreement (Kbr, Inc.), Warrant Amendment Agreement (Kbr, Inc.), Warrant Amendment Agreement (Kbr, Inc.)
Representation and Agreement. Notwithstanding anything to the contrary in the Equity Definitions (including, but not limited to, Section 9.11 of the Equity Definitionsthereof), the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.
Appears in 2 contracts
Samples: World Kinect Corp, Insight Enterprises Inc
Representation and Agreement. Notwithstanding anything to the contrary in the Equity Definitions (including, but not limited to, Section 9.11 of the Equity Definitionsthereof), the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as the issuer of the Shares under applicable securities laws.
Appears in 1 contract
Samples: Realogy Group LLC
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws, except as described in Section ý9(n) hereof.
Appears in 1 contract
Samples: Akamai Technologies Inc
Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from CompanyCounterparty’s status as issuer of the Shares under applicable securities laws.
Appears in 1 contract
Samples: Mitek Systems Inc