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 194 contracts
Samples: Warrant Agreement (Advanced Energy Industries Inc), Warrant Agreement (On Semiconductor Corp), Warrant 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: Warrant Agreement (Red Hat Inc), Warrant Agreement (Ezcorp Inc), Warrant 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: Warrant Confirmation (Healthways, Inc), Warrant Agreement (Healthways, Inc), Warrant Agreement (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: Additional Warrant Transaction (Teradyne, Inc), Warrant Transaction Confirmation (DealerTrack Holdings, Inc.), Additional Warrant Transaction (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: Warrant Agreement (Amneal Pharmaceuticals, Inc.), Warrant Agreement (Atlas Holdings, Inc.), Warrant Agreement (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: Warrant Agreement (Wright Medical Group N.V.), Warrant Agreement (Wright Medical Group Inc), Warrant Agreement (Wright Medical Group 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, except as described in Section 9(n) hereof.
Appears in 3 contracts
Samples: Warrant Agreement (Akamai Technologies Inc), Warrant Agreement (Akamai Technologies Inc), Warrant Agreement (Akamai Technologies 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: Warrant Agreement (World Kinect Corp), Warrant Agreement (Insight Enterprises 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, except as described in Section ý9(n) hereof.
Appears in 1 contract
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
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
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.
3. Additional Terms applicable to the Transaction.
Appears in 1 contract
